0351 

STATE OF NEW YORK 



*J^ 



The Conservation Law 



IN RELATION TO 



FISH AND GAME 



AND TO 



LANDS AND FORESTS 



AS AMENDED TO THE CLOSE OF 
THE REGULAR SESSION OF 



1913 

*5t 



ALBANY 

J. B. LYON COMPANY, PRINTERS 

1913 



IX . y-> f^ r- 



STATE OF NEW YORK 



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Conservation Commission 



GEORGE E. VAN KENNEN 
JAMES W. FLEMING 
JOHN D. MOORE 

Commissioners 

ALBERT E. HOYT 

Secretary to Commissicm 



General Offices : 

21-23 Washington Avenue, 

Albany, N. Y. 



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TABLE OF CONTENTS. 



PART I — FISH AND GAME. 

The Conservation Law, in relation to fish and game. 5 

Additional Protection Orders 5 

Rules and Regulations in relation to fish and game. 116 

Federal statutes 130 

Roster of game protectors 137 

Index to Part 1 141 

PART II — LANDS AND FORESTS. 

The Conservation Law, in relation to lands, forests, 

and public parks 177 

Miscellaneous statutes 240 

Rules and Regulations : 

Forest Preserve and St. Lawrence Reservation. 253 

Information for Campers 255 

Forest Don'ts 256 

Roster of Forest Fire Field Force 258 

Index to Part II 269 

PART III. 

Court procedure 289 

[3] 



THE CONSERVATION LAW. 



In Relation to Fish and Game. 



Being article V of chapter six hundred forty- 
feeven of the laws of nineteen hundred and eleven, 
entitled "An act relating to conservation of land, 
forests, waters, parks, hydraulic power, fish and 
game, constituting chapter sixty-five of the con- 
solidated laws " as amended to the close of the 
regular session of the year 1913. 

[Note. — Article V, relating to fish and game, was in- 
serted in the Conservation L.aw by chapter olS, Laws of 
1912. All subsequent acts amending particular sections 
of that article are indicated in brackets at the foot of 
the sections so amended.] 

ARTICLE V. 

Fish and Game. 

Part I. Powers and duties of commission (§§ 150- 
161). 
II. Game protectors (§§ 165-173). 
III. Ownership; manner of taking; limit; 
possession; sale and transportation of 
wild game and fish restricted (§§ 175- 
182). 



6 Conservation Law. 

Part IV. Licenses, hunting and trapping (§§ 185- 
186). 
V. Quadrupeds (§§ 190-203). 
VL Birds (§§ 210-223). 
VII. Fish (§§ 230-258). 
VIII. Nets and netting (§§ 270-284). 
IX. Fishways (§§ 290-293). 
X. Marine fisheries (§§ 300-335). 
XI. Private parks (§§ 360-366). 
XII. Breeding; importation and sale of fish 
and game (§§ 370-376). 
XIII. Definitions and construction (§§ 380- 
384). 

PART I. 
Powers and Duties of Commission. 
Section 150. General powers and duties of commis- 
sion. 

151. Fish culturist. 

152. Additional or other protection. 

153. Fish and game closes. 

154. Power of commission to dispose of fish 

and game seized. 

155. Power to take fish. 

156. Power to purchase fish eggs. 

157. Power to acquire beaver, deer, moose or 

elk by gift, purchase or capture. 

158. Power to take birds and quadrupeds. 

159. License to collect or possess for prop- 

agation, scientific or exhibition pur- 
poses. 



Conservation Law. 7 

Section 160. Publication of laws relating to fish and, 
game. 
161. Observance of rules and regulations; 
penalty. 

§ 150. General powers and duties of commission. 

The commission shall have charge, control and man- 
agement of the propagation and distribution of 
food and game fish, shell-fish, crustacea, and game. 
It shall have the conduct and control of all hatching 
and biological stations and game farms owned, 
operated or hereafter acquired by the state. The 
commission shall have charge of the enforcement of 
all laws for the protection of fish, shell-fish, crusta- 
cea, birds and quadrupeds; lands under water which 
have been or shall be designated, surveyed and map- 
ped out pursuant to law, as oyster beds or shell- 
fish grounds, and power to grant leases of land 
under water for shell-fish culture according to law, 
to make rules regulating the inspection and exami- 
nation of shell-fish, shell-fish grounds and the build- 
ings used for storage; handling and shipments 
thereof; the fioating of shell-fish; and the removal 
of shell- fish from beds which are in an unsanitary 
condition and their deposit upon unpolluted grounds; 
power to make rules increasing the size of mesh of 
nets, regulating the transportation, importation, ex- 
portation of game, fish, shell-fish and crustacea, 
and the taking of fish in any manner, other than 
angling, except as to migratory fish of the sea within 



8 Conservation Laic. 

the limits of the marine district; the grantin|f or 
licenses where the same are prescribed by law, the 
fixing of fees therefor and terms thereof. 
[As amended by chapter 508, Laws of 1913.] 

§ 151. Fish culturist. The commission shall ap- 
point a fish culturist who shall have charge under 
the direction of the commission of tlie culture of 
fish and shell-fish in the state. He shall receive 
an annual salary of four thousand dollars, and his 
actual and necessary traveling expenses while in the 
performance of his official duty. 

§ 152. Additional or other protection. 

1. Petition for protection. Ten or more citizens of 
the state may file with the commission a petition 
in writing requesting it to give to any species of fish 
other than migratory food fish «f the sea including 
fish or game birds or quadrupeds, protection or addi- 
tional protection to that aflForded by the provisions 
of this article. Such petition shall state the 
grounds upon which such protection is considered 
necessary, and shall be signed by the petitioners 
who shall attach their addresses. 

2. Notice of hearings. If the commission shall 
after hearing petitioner entertain the petition, it 
shall hold a public hearing in the locality or county 
to be affected upon the allegations of such petition 
at such time and place within the locality or 
county affected as the commission may determine 



Conservation Law. 9' 

within twenty days from the filing thereof. At 
least ten days prior to such hearing notice thereof, 
stating the time and place at which such hearing 
shall be held, shall be advertised in a newspaper to 
be selected by the commission and published in the 
counties or county to be affected by such additional 
or other protection or if less than a whole county, 
notice shall contain a brief statement of the grounds 
in or near the locality which may be affected. Such 
upon which such application is made, and a copy 
thereof shall be mailed to each petitioner at the 
address given in such petition at least ten days 
before such hearing. 

3. Power to grant protection. If upon such hear- 
ing the commission shall determine that such species 
of fish or game, by reason of disease, danger of 
extermination or from any other cause or reason, 
requires such additional or other protection, in any 
locality or throughout the state, the commission 
shall have power by order to prohibit or regulate, 
during the open season therefor, the taking of such 
species of fish or game. Such prohibition or regula- 
tion may be made general throughout the state or 
confined to a particular part or district thereof and 
the order shall fix the day when the same shall take 
effect and the commission shall sign and enter the 
order in its minute book. 

4. Publication. At least thirty days before the 
day fixed for such order to take effect, copies of the 



10 Conservation Law. 

same certified by the secretary to the commission 
shall be filed in the office of the clerk of each 
county containing a district or any part of a dis- 
trict to which the prohibition or regulation applies. 
Ai» least thirty days before such order shall take 
effect the commission shall cause the same to be 
published in a newspaper published in each county 
wherein such prohibition or regulation shall apply. 

5. Penalties. Any person violating the provisions 
of such order shall be guilty of a misdemeanor and 
shall, upon conviction, be subject to a fine of not 
to exceed one hundred dollars, or shall be im- 
prisoned for not more than thirty days, or both, for 
each offense, and in addition shall be liable to the 
penalties hereinafter provided for taking fish, birds 
or quadrupeds in the close season. 

[As amended by chapter 508, Laws of 1913.] 

§ 153. Fish and game closes. The commission 
may, on the request of a majority of the town 
board of any town, by order prohibit or regulate 
the taking of birds or game on lands set aside, with 
the consent of the owner or owners thereof, as 
bird and game refuges for a period of not to 
exceed ten years. On a like request, when fish 
have been or shall be placed in waters of a town 
at the expense of the state, the commission may 
by order prohibit or regulate the taking of fish 
from such waters, for a period of not to exceed 
gthree years. At least thirty days before such order 



Conservation Law. 11 

fehall take effect, a copy of the same certified by 
the secretary to the commission shall be filed in 
the office of the clerk of the town in which the 
prohibition or regulation applies. Printed notices 
at least one foot square that such lands or streams 
have been closed, shall be posted along the bounda- 
ries of the land, or along the shores or banks of 
the waters affected not more than fifty rods apart 
measured along the said boundaries and along said 
banks. 

Any person who shall violate or attempt to vio- 
late any such order shall be guilty of a misde- 
meanor, and shall, upon conviction, be subject to 
a fine of not to exceed one hundred dollars, or shall 
be imprisoned for not more than thirty days, or 
both, for each offense and in addition shall be liable 
to the penalties hereinafter provided for taking 
fish, birds or quadrupeds in the close season. An 
affidavit of the fact of such stocking with fish or 
of posting such notices or a certification of such 
facts by a game protector when filed in the office of 
the commission shall be presumptive evidence of 
the facts stated therein and a copy of either w^hen 
certified by the secretary to the commission shall 
be competent evidence in any action or proceeding 
for enforcement of any of the provisions of this 
section. 

[As amended by chapter 508, Laws of 1913.1 
§ 154. Power of commission to dispose of game 
and fish seized. Whenever any fish, birds or quad- 



12 Conservation Law. 

rupeds, or parts thereof, are found in the possession 
or under the control of a person contrary to law, 
said fish, birds or quadrupeds, or parts thereof, shall 
be seized and confiscated in the name of the state, 
and the commission may in its discretion sell the 
same, or otherwise dispose of it, as the said com- 
mission may deem for the best interest of the state, 
and the same may be transported at any time for 
such purpose. 

§ 155. Power to take fish. The commission may 
take fish with nets at such times and in such manner 
as it may deem proper for the artificial propagation 
of fish. The commission may also remove, permit or 
cause to be removed from public or private waters, 
fish which hinder or prevent the propagation of 
game or food fish. Such removal shall be efi"ected 
by any means and under such regulations as the 
commission may provide. Fish taken under this 
sectio" may be disposed of and possessed under such 
regulations as the commission may establish. Any 
person not in charge of a state net who shall handle 
or take fish while confined therein, or shall fish 
within one hundred feet of any leader or net in use 
by the state shall be guilty of a misdemeanor. 

§ 156. Power to purchase fish eggs. The commis- 
sion may purchase from any person, fish eggs, pay- 
ing for same in cash, or giving in exchange or in 
consideration therefor, a percentage of the young 
fish hatched or produced at any of the fish hatch- 



Conservation Law. 13 

eries of the state from the eggs so purchased; and 
the placing of such young fish in waters on lands 
of such persons shall not be deemed a stocking of 
such waters with fish by the state, or fish from 
state hatcheries. 

§ 157. Power to acquire beaver, deer, moose or elk 
by gift, purchase or capture. The commission may 
acquire by gift, purchase or capture a sufficient 
number of beaver, deer, moose or elk to stock the 
Adirondack region, and may care for and yard the 
same temporarily and liberate them in such region 
and at such times and places as it deems most con- 
ducive to their probable subsistence and increase. 
Deer may be taken alive at any time by the com- 
mission to restock the state's deer parks or to 
exchange for elk or moose. 

§ 158. Power to take birds and quadrupeds. In 
the event that any species of birds protected by the 
provisions of section two hundred and nineteen of 
this article, or quadrupeds protected by law, shall 
at any time, in any locality, become destructive of 
private or public property the commission shall 
have power in its discretion to direct any game 
protector, or issue a permit to any citizen of the 
state to take such species of birds or quadrupeds 
and dispose of the same in such manner as the com- 
mission may provide. Such permit shall expire 
within four months after the date of issuance. 



14 Conservation Law. 

§ 159. License to collect or possess for propaga- 
tion, scientific or exhibition purposes. The com- 
mission may issue a license revocable at its pleasure 
to any person, permitting the holder to collect or 
possess quadrupeds, birds, birds' nests or eggs for 
propagation, scientific or exhibition purposes. Before 
such license is issued, every applicant, except a game 
protector, duly chartered museum or society incor- 
porated for scientific or public exhibition purposes, 
or an officer thereof, must file written testimonials 
from two well known scientific men; pay one dollar 
for the license and file a bond in the penal sum of 
two hundred dollars with two responsible sureties, 
to be approved by the commission, conditioned that 
he will not violate the provisions of this article or 
avail himself of the privileges of said license for 
piu-poses not herein set forth. Persons receiving 
such license must report the result of operation 
thereunder annually to the commission, at the ex- 
piration of the license. Such license shall be in 
force for one year only from the date of issue and 
shall not be transferable. 

[As amended bj- chapter 508, Laws of 1913.] 
§ 160. Publication of laws relating to fish and 
game. As soon as practicable after the adjourn- 
ment of the legislature in each year, the commission 
shall make a compilation of the laws relating to 
fish and game as amended at the date of such 
compilation, and properly index the same. Copies 
of said compilation sufficient in number for the pur* 



Conservation Law. 15 

poses of this section shall be printed in pamphlet 
form of pocket size, under the direction of the 
clerks of the senate and assembly, and such clerks 
shall distribute them as follows: One hundred 
copies to each senator; fifty copies to each assembly- 
man; fifteen thousand copies to the commission for 
general distribution. It shall be the duty of the 
commission to prepare and issue a syllabus of the 
said laws and to deliver to county, city and town 
clerks a supply sufficient for furnishing one copy to 
each person procuring a hunting or trapping license 
and each such person shall be entitled to one copy 
of said syllabus. 

[As amended by chapter 508, Laws of 1913.] 

§ 161. Observance of rules and regulations; pen- 
alty. Every person shall obey, observe and comply 
•with every order or rule made by the commission, 
under authority of this article; any person violating 
or attempting to violate any such rule or order shall 
be liable to a penalty of fifty dollars, unless other- 
wise specifically provided. 

PART II. 
Game Protectors. 

Section 165. Number and designation. 

166. Rating of game protectors. 

167. Game protectors to give bonds. 

168. Compensation of game protectors. 

169. Powers of game protectors. 



16 Conservation Law. 

Section 170. Records and reports. 

171. Special game protectors. 

172. Sheriffs and constables. 

173. Suits against protectors. 

§ 165. Number and designation. The commission 
shall appoint one hundred and five game protectors. 
The commission shall appoint a chief game pro- 
tector, a deputy chief game protector, twelve divi- 
sion chief protectors, five fisheries protectors, and a 
protector for the Saint Lawrence river. The chief 
game protector shall have general supervision and 
control of all protectors. 

[As amended by chapter 508, Laws of 1913.] 

§ 166. Rating of game protectors. The commis- 
sion shall have power to remove, to suspend without 
pay, to reduce in rank, to act as a trial board in 
hearing and passing upon charges, and to rate all 
game protectors and fisheries protectors on the basis 
of merit and efficiency, in accordance with the pro- 
visions of the state civil service law. It shall rate 
all protectors on the basis of merit and efficiency 
in three grades, to be known as the first, second 
and third grades. Protectors rated in the first and 
second grades shall not be removed unless furnished 
with reasons for removal and given a hearing. The 
commission is empowered to make such rules and 
regulations as in its judgment are required to secure 
a proper rating of the protectors, or to carry out 
the provisions of this section. 



Conservation Law. 17 

§ 167. Game protectors to give bonds. The chief 
game protector shall give a bond to the people of 
the state in the sum of one thousand dollars con- 
ditioned for the faithful discharge of his duties, 
with sureties to be approved by the commission. 
Every game protector shall give a like bond in the 
sum of five hundred dollars. 

§ 168. Compensation of game protectors. The 

chief game protector shall receive an annual salary 
of three thousand one hundred dollars, and his 
actual and necessary expenses while in the discharge 
of his official duties, not exceeding one thousand 
dollars a year. The deputy chief game protector 
shall receive an annual salary of twenty-four hun- 
dred dollars and his actual and necessary traveling 
expenses not exceeding one thousand dollars a year 
while in the performance of his official duties. Each 
division chief protector shall receive an annual sal- 
ary of sixteen hundred dollars, and his actual and 
necessary traveling expenses, not exceeding seven 
liundred and fifty dollars a year. Each fisheries 
protector shall receive an annual salary of thirteen 
hundred dollars, and his actual and necessary travel- 
ing expenses, not exceeding seven hundred and fifty 
dollars. Each game protector shall receive an an- 
nual salary of nine hundred dollars and his actual 
and necessary traveling expenses, not exceeding six 
hundred dollars, provided, however, that each game 
protector who shall have been rated in the first 



18 Conservation Law. 

grade for a full year shall receive increased salary 
at the rate of fifty dollars per annum for that 
year, and for each succeeding year that he shall so 
qualify until he shall receive the sum of thirteen 
hundred dollars per annum. Game protectors rated 
in the first grade only shall be eligible for promo- 
tion. 

§ 169. Powers of game protectors. Game pro- 
tectors, fire patrolmen, and fisheries protectors shall 
enforce all laws relating to fish, birds and quadru- 
peds; all laws of boards of supervisors relating 
to the same; and shall have power to execute all 
warrants and search warrants issued for a violation 
of this article; to serve subpoenas issued for the ex- 
amination and investigation or trial of offenses 
against any of the provisions of said law; to make 
search where they have cause to believe that fish, 
birds or quadrupeds, or any parts thereof, are pos- 
sessed in violation of law, and without search war- 
rant to examine the contents of any boat, car, box, 
locker, basket, creel, crate, game bag or other pack- 
age, and the contents of any building other than a 
dwelling house, to ascertain whether any of the pro- 
visions of this article or of any law for the protec- 
tion of fish, shell-fish, birds and quadrupeds have 
been or are being violated, and to use such force as 
may be necessary for the purpose of such examina- 
tion r.nd inspection; and with a search warrant to 
search and examine the contents of any building or 



Conservation Law. 19 

dwelling house; seize all quadrupeds, birds or fish, 
or any parts thereof possessed in violation of law, 
or showing evidence of illegal taking, and hold the 
eame subject to the order of the commission; to 
arrest without warrant any person committing a 
misdemeanor under the provisions of this article in 
their presence, and take such person immediately 
before a magistrate having jurisdiction for trial, 
and to exercise such other powers of peace officers 
in the enforcement of the provisions of this chapter, 
or of judgments obtained for violations thereof as 
are not herein specifically provided. Any regular 
or special game protector, fisheries protector, fire 
superintendent or fire patrolman or inspector who 
shall compromise or settle any violation of the fish 
and game law out of court, or without the order of 
the commission shall be guilty of a misdemeanor. 

§ 170. Records and reports. The chief game pro- 
tector and division chief protectors shall make such 
reports as are required by the commission. Each 
game protector shall keep a daily record of his offi- 
cial acts, and report the same at the close of each 
week to the division chief of his division, and 
similarly report at the close of each month to the 
chief game protector. The salary and traveling ex- 
penses of a game protector shall not be payable ex- 
cept upon the certificate of the chief game pro- 
tector that such protector has made the required 
report and properly performed his duty. 



20 Conservation Laio. 

§ 171. Special game protectors. The commission 
may in its discretion appoint special game protectors. 
Such special game protectors shall hold office during 
the pleasure of the commission, and shall have the 
same powers as game protectors, and receive one-half 
of the lines and penalties less expenses. They shall 
make reports as required by the commission. No 
person shall be eligible for such appointment until 
he shall have passed a non-competitive examination 
conducted under authority of the commission. 

[As amended by chapter 508, Laws of 1913.] 

§ 172. Sheriffs and constables. Peace officers shall 
have the same powers as game protectors under this 
article, except the right to search without warrant. 

§ 173. Suits against protectors. It shall be the 
duty of the attorney-general on request of any regu- 
lar game protector, accompanied with the approval of 
the commission, to appear in and defend as attorney 
any action or proceeding prosecuted against the pro- 
tector for or on account of any act of his done while 
holding such office and when such act was, in the 
opinion of the attorney-general, done in discharge of 
the protector's official duty or in reasonable exercise 
of his authority. 

{New. Inserted by Chap. 508, Laws of 1913.] 



Conservation Law. 21 

PART III. 

Ownership; Manner of taking; Limit; Possession; 

Sale and Transportation of Wild Game and 

Fish Restricted. 
Section 175. Ownership. 

176. Taking, limit, possession, sale and trans- 

portation of fish and game restricted. 

177. Manner of taking fish and game. 

178. Transportation. 

179. Transportation, sale, special. 
180^. Prohibited, sale of certain birds. 

181. Presumptive evidence. 

182. Penalties. 

§ 175. Ownership. The ownership of, and the 
title to all fish, birds and quadrupeds in the 
state of New York, not held by private ownership, 
legall;;^ acquired, is hereby declared to be in the 
state. No fish, birds or quadrupeds shall be caught, 
taken or killed in any manner or at any time or 
had in possession, except the person so catching, 
taking or killing or having the same in possession 
shall consent that the title to such fish, birds and 
quadrupeds shall be and remain in the state of New 
York for the purpose of regulating and controlling 
the use and disposition of the same after such 
catching, taking or killing, except that the title to 
Buch fish, birds or quadrupeds legally taken shall 
vest in the person so taking or possessing the same, 
subject to the restrictions and provisions of law. 



22 Conservation Law. , 

§ 176. Taking, limit, possession, sale and trans- 
portation of fish and game restricted. No person 
shall at any time of the year, pursue, take, wound or 
kill, in any manner, number or quantity, any fish, 
quadrupeds or birds protected by law, or buy, sell, 
offer, or expose the same, or any part thereof, for 
sale, transport, or have the same in possession except 
as permitted by this article. Nets except in the 
marine district, tip-ups, set and trap lines, spears, 
grappling hooks, naked hooks, snatch hooks, eel weirs 
and eel pots shall not be used to take fish except as 
specifically permitted in this article. Any person 
aiding in any manner in such prohibited acts shall 
be deemed to have violated this section. 

[As amended by chapter 508, Laws of 1913.1 

§ 177. Manner of taking fish and game. 1. Manner 
of taking game. Game protected by law shall not 
only be taken in the day time after sunrise and 
before sunset with a gun fired at arm's length, with- 
out rest, unless otherwise specifically permitted by 
this article. A person may take birds and quadru- 
peds, during the open season therefor, with the aid 
of a dog, unless specifically prohibited by this article. 

2. Manner of taking fish. Fish, except migratory 
food fish of the sea, shall only be taken by angling, 
unless otherwise specifically permitted by this article. 
In case any fish or ciiistacea is unintentionally taken 
contrary to the prohibitions or restrictions contained 
in any of the provisions of this article, such fish 



Conservation Law. 23 

or custacea shall be immediately liberated and re- 
turned to the water, without unnecessary injury. 
Whenever any fish under the size limit prescribed 
by the provisions of this article are received in 
transportation from another state or country, or 
whenever such fish are taken in gill nets, they shall 
neither be sold, bought or otherwise trafficked in. 
[As amended by chapter 508, Laws of 1913.] 

§ 178. Transportation. 

Subd. 1. Common carriers. No common carrier or 
employee of such carrier shall, while engaged in such 
business, transport as owner of any fish or game or 
parts thereof of species which may not be lawfully 
sold at any time. Nor shall such carrier or person 
knowingly receive or possess the same for shipment 
for another whether contained in a package or un- 
packed if no shipping permit is attached as required 
in this section. 

Subd. 2. Transportation and exportation of fish and 
game lawfully salable. Any person may transport 
in any manner within this state or from a point 
within to a point without during the open season 
therefor, and in any number, wild quadrupeds, birds 
or fish of species which may be lawfully sold. 

Game or fish raised in private hatcheries or pre- 
serves and carcasses of birds and mammals from 
without the United States and which may be law- 
fully imported and sold, when marked and tagged 
as provided in part twelve of this article, may be 
transported within and from a point within to a 



24 Conservation Law. 

point without this state in any number and by any 
means. 

Subd. 3. The same; of fish and game not lawfully 
salable. Any person may transport within this state 
or from a point within to a point without otherwise 
than by common carrier or parcel post and during 
the open season therefor wild quadrupeds, birds or 
fish but not more in any one day than the number 
thereof which may be lawfully taken in one day by 
one person when of species which may not be law- 
fully sold at any time except as otherwise provided 
in section one hundred and ninety hereof. 

The taker may transport within this state or from 
a point within to a point without by common carrier 
except by parcel post, and during the open season 
therefor, wild quadrupeds, birds or fish but not more 
in any one day than the number thereof which he 
may lawfully take in one day when of species which 
may not be lawfully sold at any time provided the 
same or the package containing them shall have at- 
tached thereto before shipment, with the blanks 
properly filled in by him, a shipping permit issued 
by the commission except as otherwise provided in 
section one hundred and ninety hereof. The form of 
such permit shall be determined by the commission. 

Subd. 4. Importation of fish and game not lawfully 
salable. The taker may. between the sixteenth day 
of September and the first day of January follow- 
ing, both inclusive, bring into this state otherwise 
than by common carrier or parcel post wild game or 



Conservation Law. 25 

fish which may be lawfully brought from the place 
where taken and when lawfully taken by him and at 
a distance not less than fifty miles from the border 
of this state, if of species which may not be lawfully 
sold in this state at .any time provided he accom- 
panies the same and shall have with him a license 
issued by the commission permitting such impor- 
tation. 

The taker holding such importation license may 
in the same case import into this state by common 
carrier except by parcel post, such wild game or fish 
provided the same or the package containing them 
shall have affixed thereto, before shipment, a ship- 
ping permit issued, attached and filled in as provided 
in subdivision three of this section. 

The taker Avithout holding such importation license 
but who accompanies the same may bring into this 
state otherwise than by common carrier or parcel 
post during the open season therefor provided herein 
and if lawfully brought from the place where taken 
and when lawfully taken by him at any point with- 
out the state, wild game or fish when of species 
which may not be lawfully sold within this state at 
any time, or the same may be shipped by him by 
common carrier except by parcel post, but in that 
case the requirement of subdivision three of this 
section as to shipping permits shall apply. 

Such wild game or fish when imported into this 
state as permitted under this subdivision may be 
possessed during the said periods. 



26 Conservation Law. 

Subd. 5. The same; of fish and game lawfully 
salable. Importation and transportation by any 
means and in any number during the open season 
therefor of wild game or iish the sale of which is 
permitted by this article shall be lawful except as 
otherwise expressly provided therein. 

Subd. 6. Shipping permits; prohibition limitation. 
Only holders of hunting and trapping licenses shall 
be entitled to shipping permits described in sub- 
division three of this section, for shipment of quad- 
rupeds or birds taken in this state. No person shall 
be entitled to receive nor shall he apply for more 
than six such permits in any calendar year nor shall 
any person to whom such a permit has been issued 
transfer the same in any manner to any other per- 
son nor shall any other person use the same for 
shipping fish or game nor shall any person make any 
false statement in applying for such a permit nor 
shall one person use more than six thereof for ship- 
ping fish and game in any one calendar year. 

[As amended by chapter 508, Laws of 1913.] 

§ 179. Transportation, sale; special. The provi- 
sions of section one hundred and seventy- eight hereof 
shall not apply to transportation of fish and game 
for propagation purposes nor to transportation of 
the head, hide, feet or fur of quadrupeds or of the 
plumage or skin of game birds legally taken and pos- 
sessed and the same may be transported at any 
time. The head, hide and feet of quadrupeds legally 



Conservation Law. 27 

taken and possessed may be bought and sold at any 
time. 

[As amended by chapter 508, Laws of 1913.] 

§ 180. Prohibited; sale of certain birds. The dead 
bodies of birds belonging to all species or sub-species, 
native to this state, protected by law or belonging to 
any family, any species or sub-species of which is 
native to this state and protected by law shall not 
be sold, offered for sale, or possessed for sale for 
food purposes within this state whether taken within 
or without this state, except as provided by sections 
three hundred and seventy-two and three hundred 
and seventy-three. 

§ 181. Presumptive evidence. Possession of quad- 
rupeds, birds or fish, or of parts thereof, during the" 
time when the taking of the same in this state is 
prohibited, or when the possession of the same after 
the close of the open season is not permitted, shall 
be presumptive evidence that the same was unlaw- 
fully taken by the possessor. 

[As amended by chapter 508, Laws of 1913.] 

§ 182. Penalties. A person who violates any of 
the provisions of part III or of any lawful rule or 
regulation of the commission, is guilty of a misde- 
meanor, and in addition thereto, is liable as follows: 
to a penalty of sixty dollars and an additional pen- 
alty of twenty-five dollars for each fish, bird, or 
quadruped, or part of fish, bird or quadruped bought, 
sold, offered for sale, taken, possessed, transported 



28 Conservation Law. 

or had in possession for sale or transportation in vio- 
lation thereof. 

[As amended by chapter 508, Laws of 1913.] 

PART IV. 

Licenses: Hunting and Trapping. 

Section 185. Hunting and trapping license. 
186. Penalties. 

§ 185. Hunting and trapping license. Subd. 1. 
License required. No person or persons shall at 
any time hunt, pursue or kill with a gun, any wild 
animals, fowl or birds or take with traps or other 
devices any fur bearing animals, or engage in hunt- 
ing or trapping except as herein provided, without 
first having procured a license so to do, and then 
only during the respective periods of the year when 
it shall be lawful. 

Subd. 2. Application; penalties. Said license 
shall be procured from any county, city or town 
clerk in the following manner, to wit: The appli- 
cant shall fill out a blank application to be furnished 
by the commission through the clerk of each county, 
city or town, stating name, age, occupation and 
place of residence and post-office address of appli- 
cant, also whether a citizen of the United States 
or an alien and such other facts or descriptions as 
may be required by the commission. Said applica- 
tion shall be subscribed and sworn to by the appli- 



Conservation Law. 29 

cant before any officer authorized to administer 
oaths in the state of New York. Any false state- 
ment contained in such application shall render the 
license null and void. Any person who shall make 
any false statement in an application for a license, 
shall be deemed guilty of perjury, and, on convic- 
tion thereof, shall be subject to the penalties pro- 
vided for the commission of perjury. 

Subd. 3. Fees. Said applicant, if a non-resi- 
dent of the state, a person who has not been a 
resident for at least six months or an unnaturalized 
person or an alien, resident or non-resident shall pay- 
to the clerk countersigning and delivering the license 
the sum of twenty dollars, together with the sum 
of fifty cents as a fee to the clerk, and if a resident 
of the state, for over six months and a citizen, 
shall pay to the clerk countersigning and issuing 
the license the sum of one dollar as a license fee, 
together with the sum of ten cents as the fee of the 
county, city or town clerk for issuing such license, 
and if a non-resident of the state and a taxpayer 
therein at the time of making such application 
shall pay to the clerk countersigning and issuing the 
license the sum of ten dollars together with the 
sum of fifty cents as a fee to the clerk- 

Subd. 4. Disposition of fees. The license fees 
above provided for shall be remitted by the 
city and town clerks on the first Tuesday of each 



30 Conservation Law. 

month to the county clerk of the county, -with 
duplicate schedules setting forth the name and resi- 
dence of each licensee, the serial number of and the 
amount paid for each license issued and such fees 
together with those received by the county clerk 
for issuing licenses from his office shall be remitted 
to the commission on the second Tuesday of each 
month with a duplicate of said schedule and the 
said fees shall be remitted by the commission to the 
state treasurer as are fines and penalties. The 
commission shall pay to each county clerk the sum 
of three per centum of the total amount of such 
license money received from such county clerk. 

Subd. 5. Contents and power under. Said license 
shall be issued in the name of the commission, and 
be sealed with the seal of the county, city or town 
in which the same is issued and be countersigned 
by the clerk issuing the same. Every license issued 
shall be signed by the licensee in ink on the face 
thereof. It shall entitle the person to whom issued 
to hunt, pursue and kill game animals, fowl and 
birds and trap fur bearing animals within the state 
at any time when or place where it shall be lawful 
to hunt, pursue, kill and take such game animals, 
fowl and birds in this state. 

Subd. 6. Carrying and exhibiting same. No per- 
son to whom a license has been issued shall be en- 
titled to hunt, pursue, kill or take game animals, 



Conservation Law. 31 

fowl and birds or trap fur bearing animals in this 
state unless at the time of such hunting, trapping, 
pursuing or killing or taking, he or she shall have 
such license on his or her person, and shall exhibit 
the same for inspection to any protector or other 
oflBcer or other person requesting to see the same. 

Subd. 7. Termination. Such license shall be void 
after the thirty-first day of December next succeed- 
ing its issuance. 

Subd. 8. Exception. Provided that the OM^ner or 
owners of farm land, and their immediate family or 
families occupying and cultivating the same, or the 
lessee or lessees thereof and their immediate family 
or families who are actually occuping and cultivat- 
ing the same, shall have the right to hunt, kill and 
take game or trap fur bearing animals on the farm 
land of which he or they are the bona fide owners 
or lessees, during the season when it is lawful to 
kill and take the same, without procuring such 
resident license; and further provided that minors 
under the age of sixteen years shall not t>e re- 
quired to take out a license to trap fur bearing 
animals. 

Subd. 9. Alteration. Any person who shall at 
any time alter or change in any material manner 
or loan or transfer to another, any license issued as 
aforesaid, shall be deemed guilty of forgery in the 
second degree, and, on conviction thereof, shall be 



32 Conservation Law. 

punishable as provided in case of forgery in the 
second degree. 

Subd. 10. Prosecution by individuals. All prose- 
cutions for a violation of the provisions of this 
article relating to licenses may be brought by any 
person upon order of the commission in the name 
of the people of the state of New York against any 
person or persons violating any of the provisions of 
this article, so far as it relates to licenses, before 
any court of competent jurisdiction; and- it is hereby 
made the duty of all district attorneys to see that 
the provisions of this section are enforced in their 
respective counties, and said district attorneys shall 
prosecute all offenders on receiving information of 
the violation of any of the provisions of this section ; 
and it is hereby made the duty of all sheriffs, 
deputy sheriffs, constables and police officers to 
inform against and prosecute all persons who, there 
is reasonable cause to believe, are guilty of violat- 
ing any of the provisions of this section. Nothing 
herein shall prevent the commission from prose- 
cuting persons for violation of this section- 

Subd. 11. Proceeds of actions. All moneys re- 
covered in any penal action under this chapter, in 
so far as it relates to licenses, shall be remitted 
by the person or court recovering the same to the 
commission; one-half of the amount recovered in 
any penal action under this section, in so far as it 



Conservation Law. 33 

relates to licenses, after all disbursements and ex- 
penses in relation to the same, including attorney's 
fees, shall have been paid, shall be paid to the 
person filing the complaint in such action by the 
state treasurer on approval of the commission, 
unless such person is a regular game protector. 

Subd. 12. Costs. All bills for costs, disburse- 
ments and attorney's fees in any action or pro- 
ceeding under this article relating to licenses shall 
be duly verified, presented to the commission, au- 
dited by said commission and paid on its approval 
by the state treasurer to the person entitled to the 
same. 

Subd. 13. Form of license. The form of the 
license shall be determined and the license blank 
prepared by the commission, and by it furnished 
through the county clerks of the several counties 
of the state to the city and town clerks. 

Subd. 14. Clerk's reports. On the thirty-first day 
of December of each year the city and town clerks 
shall detach the stubs of licenses issued and 
forAfard the same securely attached to a report 
of the number issued and the amount of license 
money received to the county clerk of the county, 
whose duty it shall be to see that proper returns 
are made to him by all city and town clerks in 
his county, and to return to the commission all 
such stubs and reports with a final report recapitu- 



34 Conservation Law. 

lating and tabulating the total number of licenses 
of all kinds issued in his county in the calendar 
year. 

Subd. 15. Clerks reimbursed for expenses. The 
county clerk shall be reimbursed by the state for 
postage and expressage used in distributing licenses 
to city and town clerks and for his monthly re- 
ports required to be made to the commission; his 
bills therefor shall be presented, audited and paid 
as herein provided for other payments. 

[As amended by chapter 508, Laws of 1913.] 
[P'ormer section ISO repealed by chapter 5U8, Laws 
of 1913.] 

§ 186. Penalties. Any public officer or person 
who violates or fails to perform any duty imposed 
by any of the provisions of this article is guilty of 
a misdemeanor, unless otherwise provided, and 
shall be liable to a penalty of sixty dollars; any 
licensee shall be liable to an additional penalty cf 
twenty-five dollars for each bird or quadruped, or 
part of bird or quadruped taken or possessed in 
violation thereof. A non-resident or alien who 
violates any of the provisions of section one hun- 
dred and eighty-five is guilty of a misdemeanor, 
and in addition thereto shall be liable as follows: 
To a penalty of one hundred dollars and an ad- 
ditional penalty of twenty-five dollars for eacli 
fish, bird or quadruped, or part of fish, bird or 
quadruped taken or possessed in violation thereof. 

[As amended by chapter 508, Laws of 1913.] 



Conservation Law. 35 

PART V. 

Quadrupeds. 

Section 190. Wild deer; open season; limit; manner 
of taking, 

191. Possession of wild deer or venison. 

192. Deer; open season, special. 

193. Dogs to be killed. 

194. Wild moose, elk, caribou and antelope. 

195. Black, gray and fox squirrels; open 

season; limit. 

196. Hares and rabbits; open season; limit; 

sale. 
196-a. Hares and rabbits in the counties of 
Schuyler, Tompkins, Columbia, 
Livingston, Oswego and Steuben.'' 

197. Beaver; close season. 

198. Mink, raccoon and sable; open season. 

199. Skunk. 

. 200. Propagation of skunks permitted. 

201. Muskrat; open season. 

J 202. Land turtles. 

203. Penalties. 

§ 190. Wild deer; open season; limit; manner of 
taking 1. Open season. Only wild deer having 
horns not less than three inches in length may be 
taken and from October first to November fifteenth, 
both inclusiv^e, and in wholly inclosed deer parks 
and in the counties of Clinton, Essex, Franklin, Ful- 

* So in original but no such section. 



36 Conservation Law. 

ton, Hamilton, Herkimer, Jefferson, Lewis, Oneida, 
Oswego, Saratoga, St. Lawrence, Warren and Wash- 
ington, except in all that portion of Oneida, Lewis, 
and Jefferson counties lying westerly of the Utica 
and Black River railroad, from Utica to Ogdensburg. 

2. Limit. A person may take two such wild deer 
in an open season, and the taker may transport or 
possess for that purpose one carcass or part thereof 
at any one time, or he may transport the same as 
provided by section one hundred and seventy-eight. 

3. Manner of taking. Wild deer may be taken only 
on land. No jacklight or other artificial light, trap, 
saltlick, or other device to entrap or entice deer shall 
be used, made or set, nor shall any deer be taken 
bv aid or use thereof. Deer shall not be hunted, 
pursued or killed by any dog or bitch. 

[As amended by chapter 508, Laws of 1913.1 

§ 191. Possession of wild deer or vension. Wild 
deer or vension lawfully taken may be possessed 
October first to November tw^entieth, both inclusive. 
A person may possess such deer or venison from 
November twenty-first to January first, both in- 
clusive, provided a license so to do shall first be ob- 
tained from the commission. Deer or venison so 
possessed shall at all times be marked or tagged in 
such manner as the commission may provide. If 
possession of deer is obtained for transportation 
after October first and before midnight of November 
sixteenth, it may lawfully remain in the possession 



Conservatio7i Law. 37 

of a common carrier the additional time necessary 
to deliver the same to its destination. Possession 
of deer or venison, or any part thereof, from Novem- 
ber sixteenth to January first, both inclusive, shall 
be presumptive evidence that the same was unlaw- 
fully taken. 

[As amended by chapter 50S, Laws of 1913.] 

§ 192. Deer, open season, special. Only wild deer 
having horns not less than three inches in length 
may be taken in Ulster county and in the towns of 
Neversink, Cochecton, Tusten, Highland, Lumberland, 
Forestburg, and Bethel, and all that section of the 
towns of Mamakating and Thompson, lying sovith of 
the Newburgh and Cochecton turnpike, in Sullivan 
county, and the town of Deerpark in Orange county, 
from November first to November fifteenth, both 
inclusive. 

[As amended by chapter 508, Laws of 1913.] 

§ 193. Dogs to be killed. Dogs shall not be per- 
mitted by the owner or persons harboring the same 
to rnn at large in or to be taken into forests in- 
habited by deer or kept or possessed in the Adiron- 
dack park. If any dog or bitch be in the forest 
preserve or found hunting, pursuing or killing deer 
or running at large in forests inhabited by deer, it 
shall be presumptive evidence of a violation of this 
section by the person owning, using, having or 
harboring such dog or bitch. Any person may, and 
it shall be the duty of every game protector to kill 
any dog or bitch found in the Adirondack park or 



38 Conservation Law. 

in a deer forest, or pursuing deer and no action for 
damages shall be maintained against a person for 
such killing. No dog or bitch shall be taken into 
or harbored in any hunting or lumber camp within 
the forest preserve. 

§ 194. Wild moose; elk; caribou and antelope. 
There shall be no open season for wild moose, elk, 
caribou and antelope; but they may be brought into 
the state for breeding purposes. The flesh or any 
portion of any such animal may be possessed or 
transported by the owner thereof during the open 
season for deer, provided such animal was killed by 
the owner thereof, in a private park within the 
state. 

§ 195. Black, gray and fox squirrels; open season; 
limit. 

1. Open season. Black, gray and fox squirrels may 
be taken and possessed from October first to Novem- 
ber fifteenth, both inclusive, except on Long Island, 
where they may be taken and possessed from 
November first to December thirty-first, both in- 
clusive. No person shall take black, gray or fox 
squirrels within the corporate limits of any city or 
village. 



"to^ 



2. Limit. A person may take five such squirrels, 
either all of one kind or partly of each, in one day. 
[As amended by chapter 508, Laws of 1913.] 



Conservation Law. 39 

§ 196. Hares and rabbits; open season; limit; sale. 

1. Open season. The open season for varying hares 
and cottontail rabbits shall be from October first to 
January thirty-first, both inclusive, except on Long 
Island where the open season for varying hares and 
cottontail rabbits shall be from November first to 
December thirty-first, both inclusive. The use of 
ferrets is at all times prohibited, except that the 
commission may by resolution permit ferrets to be 
used in particular counties. The owners or occu- 
pants of inclosed or occupied farms and lands or a 
person duly authorized in writing by such owner or 
occupant may take except by use of ferrets in any 
manner at any time and in any number varying 
hares and cottontail rabbits which are injuring their 
property. Except in counties where the use of fer- 
rets is permitted by the conservation commission the 
possession of ferrets afield shall be presumptive evi- 
dence of their illegal use. 

2. Limit. A person may take six varying hares 
or cottontail rabbits either all of one kind or partly 
of each in one day. 

3. Sale. Varying hares and cottontail rabbits may 
he bought and sold during the open season for the 
taking thereof and when brought from without the 
state, may be bought and sold at any time and in 
any number. 

[As amended by chapter 508, Laws of 1913.] 
See Additional Protection Orders. 



40 Conservation Law. 

§ 197. Beaver; closed season. No person shall take 
or possess beaver at any time or molest or disturb 
any wild beaver or the dams, houses, homes or 
abiding places of same, except as permitted in sec- 
tion one hundred and fifty-eight, part one. 

§ 198. Mink; raccoon and sable; open season. 
Mink and sable may be taken either in the day- 
time or at night and in any manner and possessed 
from November first to April twentieth, both inclu- 
sive. Raccoon may be taken in the daytime or at 
night in any manner except with traps and pos- 
sessed from October first to April twentieth, both 
inclusive. Raccoon may be taken in any manner 
from November first to April twentieth. 

[As amended by chapter 508, Laws of 1913.] 

§ 199. Skunk. Skunk may be taken either in the 
daytime or at night and in any manner, but they 
shall not be taken from holes or dens by digging, 
smoking or the use of chemicals, and they may be 
possessed from November first to January thirty- 
first, both inclusive. Skunks which are injuring 
property or have become a nuisance may be taken 
at any time in any manner. 

[As amended by chapter 508, Laws of 1913.] 

§ 200. Propagation of skunks. It shall be lawful 
to keep live skunks in captivity at all times for 
purposes of propagation and sale only, provided a 
license so to do shall first have been obtained from 
the commission. No skunks shall be thus kept which 



Conservation Law. 41 

are taken wild during the close season for skunks, 
and skunks so kept shall not be disposed of in any- 
way during the close season. 

[As amended by chapter 508, Laws of 1913.] 

§ 201. Muskrat; open season. Muskrat may be 
taken in any manner and possessed from November 
first to April twentieth both inclusive. Muskrat 
houses shall not be molested, injured or disturbed 
at any time. 

[As' amended by chapter 147, Laws of 1913, and chap- 
ter, 508, Laws of laiS.] 

§ 202. Land turtles. Taking, killing or exposing 
for sale of all land turtles or tortoises, including the 
box turtle and the wood turtle, is hereby prohibited. 

§ 203. Penalties. A person who violates any pro- 
vision of Part V shall be guilty of a misdemeanor 
and in addition thereto, is liable as follows: For 
each violation of sections one hundred and ninety to 
one hundred and ninety-four, both inclusive, to a 
penalty of one hundred dollars, and to an additional 
penalty of one hundred dollars for each deer, elk. 
moose, caribou, antelope, or part of any such animal 
taken, possessed, purchased, sold, possessed for sale 
or offered for sale contrary' to law; for each 
violation of sections one hundred and ninety- 
five and one hundred and ninety-six, to a penalty of 
twenty-live dollars, and to an additional penalty of 
ten dollars for each squirrel, hare or rabbit or part 
thereof, taken or possessed, purchased, sold, pos- 



42 Conservation Law. 

sebsed for sale or ofl'ered for sale contrary to law; 
for eacli violation of section one hundred and ninety- 
seven, to a penalty of fifty dollars, and to an ad- 
ditional penalty of fifty dollars for each beaver 
taken or possessed contrary to law; for each viola- 
tion of sections one hundred and ninety-eight ajid 
two hundred and one, to a penalty of twenty-five dol- 
lars; and for each violation of section one hundred 
and ninety-nine to a penalty of ten dollars for each 
skunk taken in violation thereof; for e^.cli viola- 
tion of any of the provisions, for which a penalty 
is not specially provided, to a penalty of fifty dol- 
lars; a person convicted of a violation of section 
one hundred and ninety-four shall be punishable by 
imprisonment for a term of not less than three 
months nor more than one year. 

[As amended by chapter 508, Laws of 1913.] 

PART VI. 
Birds. 

Section 210. Game birds defined. 

211. Anatidai or water fowl, open season, 

limit, manner of taking. 

212. Water fowl, open season, manner of 

taking, special. 

213. Rallidae; open season, limit. 

214. Gallinae or upland game birds, open 

season, limit. 

215. Upland game birds, open season, limit, 

special. 



Conservation Law. 43 

Section 216. Limicolse or shore birds, open season, 
limit, 

217. Shore birds, open season, special. 

218. Ant\ver23 or homing pigeons. 

219. Certain wild birds protected. 

220. Destroying or robbing nests. 

221. Snares, nets, and traps. 

222. Game shall not be taken on certain 

public lands. 

223. Penalties. 

§ 210. Game birds defined. For the purpose 
of this act the following only shall be considered 
game birds. 

The anatidse or water fowl, commonly known as 
geese, brant, swans and river and sea ducks ; 

The rallidse, commonly kno^\n as rails, American 
coots, mud hens and gallinules; 

The gallinse, or upland game birds, commonly 
known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges and quail. 

The limicolse, or shore birds, commonly known as 
woodcock, snipe, plover, surfbirds, sandpipers, tatlers 
and curlews. 

§ 211. AnatidaB or water fowl; open season; limit; 
manner of taking. 

1. Open season. Water fowl, wild and domestic, 
may be taken from September sixteenth to January 
tenth, both inclusive, Tliey may be possessed from. 



44 Conservation Law. 

September sixteenth to January fifteenth, both in- 
clusive. There shall be no open season for wood 
duck and swan. 

2. Limit. A person may take during the open 
season, not to exceed twenty-five water fowl in the 
aggregate of all kinds in one day. Whenever two or 
more persons are occupying the same boat, battery 
or blind, not to exceed forty water fowl in the aggre- 
gate of all kinds may be taken in one day by such 
persons. 

3. Manner of taking. Water fowl may be taken 

during the open season from a rowboat, from the 

land, from a blind or floating device used to conceal 

the hunter (other than a sail or power boat) when 

the same shall be within fifty feet of the shore or of 

a natural growth of flags. 

[Re-enacted without change, as amended by chapter 
508, Laws of 1913.] 

§ 212. Water fowl; open season; manner of tak- 
irg; special. 

1. Open season. Water fowl on Long Island and 
the waters adjacent thereto may be taken from 
October first to January tenth, both inclusive. 

2. Manner of taking. Water fowl may be taken 
by aid of any floating device other than sailboats or 
power boats, at any distance from shore on Long 
Island Sound, Shinnecock, Gardiner and Peconic 
bays, during the open season therefor, and except 



Conservation Law. 45 

from. October first to October nineteenth, both in- 
clusive, in Great South Bay west of Smith's Point 
and east of the Nassau-Suffolk county line. 

§ 213. Rallidas; open season; limit. 

1. Open season. Rails, American coots, mud hens 
and gallinules may be taken and possessed from 
September sixteenth to December thirty-first, both 
inclusive. 

2. Limit. A person may take during the open 
season not to exceed fifteen of such birds in the 
aggregate of all kinds in one day. Whenever two 
or more persons are occupying the same boat or 
blind, not to exceed twenty of such birds shall be 
taken in the aggregate of all kinds in one day by 
such persons. 

§ 214. Gallinse or upland game birds; open season; 
limit. Upland game birds may be taken and pos- 
sessed as follows: 

1. Quail. There shall be no open season for quail 
before October first, nineteen hundred and eighteen. 

2. Grouse or partridge. October first to November 
thirtieth, lx)th inclusive. A person may take not to 
exceed four grouse or partridge in one day and 
twenty in the open season. 

[See Additional Protective Orders.] 

3'. Wild pheasants. On Thursdays in the month 
of October and possessed during the said month of 



46 Conservation Law, 

October. Only wild male pheasants may be taken. 
A person may take and possess not to exceed three 
wild male pheasants in the open season. 
[See Additional Protective Orders.] 

4. Partridge. There shall be no open season for 
Hungarian or European gray legged partridge. 
[As amended by chapter 508, Laws of 1913.] 

§ 215. Upland game birds; open season, limit, 
special. Quail, pheasants, and grouse may be taken 
and possessed on Long Island from November first 
to December thirty-first, both inclusive. A person 
may take not to exceed ten quail, six male pheasants 
and four grouse in any one day and fifty quail, 
thirty-six male pheasants and twenty grouse, in the 
open season on Long Island. 

[As amended by chapter 508, Laws of 1913.] 

§ 216. Limicolse or shore birds; open season; 
limit. Shore birds may be taken and possessed as 
follows : 

1. Woodcock. October first to November fifteenth, 
both inclusive. A person may take not to exceed 
four woodcock in one day and twenty in the open 
season. 

2. Snipe, plover, surfbirds, sandpipers, tatlers and 
curlews. September sixteenth to November thirtieth, 
both inclusive. A person may take not to exceed 
fifteen shore birds in the aggregate of all kinds in 



Conservation Law. 47 

one day. Whenever two or more persons are occu- 
pying the same boat or blind not to exceed twenty- 
live bhore birds may be taken in the aggregate of 
all kinds in one day by such persons. 

[Re-enacted without change, as amended by chapter 
508, Laws of 19ia.] 

§ 217. Shore birds; open season; special. Shore 
birds may be taken and possessed on Long Island 
as follows: 

1. "Woodcock. October fifteenth to November thir- 
tieth, both inclusive. 

2. Snipe, plover, surfbirds, sandpipers, tatlers and 
curlews. August first to November thirtieth, botl' 
inclusive. 

§ 218. Antwerp or homing pigeons. No person 
shall take or interfere with any Antwerp or homing 
pigeon if it have the name of its owner stamped 
upon its wing or tail, or wear a ring or seamless 
leg band with its registered number stamped thereon, 
or have any other distinguishing mark ; nor shall 
any person remove any such distinguishing mark 
from any such pigeon. 

§ 219. Certain wild birds protected. Wild birds 
other than the English sparrow, starling, crow, hawk, 
crow-blackbird, snow-owl, great horned owl and king- 
fisher shall not be taken or possessed at any time, 
dead or alive, except under the authority' of a certifi- 



48 Conservation Law. 

cate issued under this article. No part of the 
plumage, skin or body of any bird protected by this 
section or of any birds coming from without the 
state, whether belonging to the same or a different 
species from that native to the state of New York, 
provided such birds belong to the same family as 
those protected by this article, shall be sold or had 
in possession for sale. The provision of this section 
shall not apply to game birds for which an open 
season is provided in this article. 

§ 220. Destroying or robbing nests. Nests of wild 
birds other than the English sparrow, starling, crow, 
hawk, crow-blackbird, snow-owl, great horned owl 
and kingfisher shall not be robbed or wilfully de- 
stroyed, except when necessary to protect buildings 
or prevent their defacement, or when taken under 
the authority of the commission. 

§ 221. Snares, nets or traps. No w41d bird, or 
bird for which a close season is provided, shall be 
trapped, netted or snared, or, if so taken, possessed. 
No net, trap or snare for taking pheasants, grouse 
or quail, shall be set, placed or used where such birds 
can be taken. Any such net, trap or snare is de- 
clared to be a public nuisance, and may be sum- 
marily abated and destroyed by any person, and it 
shall be the duty of every protector to seize and 
destroy any such device. 

[As amended by chapter 508, Laws of 1913.1 



Conservation Law. 49 

§ 222. Game shall not be taken on certain public 
lands. Game shall not be taken on the lands pur- 
chased or condemned by any municipality within 
the state for the purpose of supplying any munic- 
ipality with water and protecting the same from 
pollution and contamination, or on any public high- 
way, except public higlnvays within the forest pre- 
serve counties. 

§ 223. Penalties. A person who violates any of 
part VI or who violates or fails to perform any duty 
imposed by any pi'ovisions therr;of shall be guilty of 
a misdemeanor, and in addition thereto shall be liable 
as follows: to a penalty of sixty dollars and an 
additional penalty of twenty-five dollars for each 
bird, or part of a bird, taken or possessed, or had 
in possession in violation thereof. 

[As amended by chapter 508, Laws of 1913.] 

PART VII. 
Fish. 

Section 230. Sale of minnows for bait. 

231. Bass; open season; limit. 

232. Trout; open season; limit. 

234. Lake trout and whitefish; open season 

aifld size limit; catch; sale of. 

235. Lake trout and whitefish; open season; 

special. 

236. Pikeperch; open season; size limit; 

sale of. 



50 Conservation Law. 

Section 237. Pickerel and pike; open season and 
limit; sale of. 

238. Short nosed sturgeon; lake sturgeon; 

sea sturgeon; open season and size 
limit; sale of. 

239. Maskalonge; open season and size limit; 

sale of. 

240. Striped bass; size limit; sale of. 

241. Smelt or icefisli; open season and size 

limit; sale of. 

242. Prohibited; stocking private waters. 

243. Prohibited; disturbing bass, trout and 

lake trout while spawning. 

244. Prohibited; thumping. 

245. Prohibited; explosives. 

246. Prohibited; obstructing streams. 

247. Prohibited; polluting streams. 

248. Prohibited; polluting waters used by 

state fish hatcheries. 

249. Prohibited; drawing off water. 

250. Prohibited; placing fish in certain 

waters. 

251. Prohibited; fishing near fish ways. 

253. Tip-ups. 

254. Set and trap lines. 

255. Spearing. 

256. Eel weirs and eel pots. 

257. Frogs. 

258. Penalties. 



Conservation ijaw. 51 

§ 230. Sale of minnows for bait. No person shall 
take minnows for bait with a net, trap or seine or 
sell minnows so taken without having first obtained 
a license so to do from the commission. Provided, 
hiowever, that no license shall be required from a 
person to take minnows for his own use and not 
for sale. Minnows shall not be taken within one 
hundred feet of any dock, pier or boat landing struc- 
ture along the Saint Lawrence river without the 
consent of the owner thereof, nor shall they be 
taken with a net, trap or seine in waters inhabited 
by trout. 

§ 231. Bass; open season; limit. 

1. Open season. Black bass not less than ten 
inches in length may be taken and possessed from 
June sixteenth to November thirtieth, both in- 
clusive. 

2. Size of catch. A person may take not to ex- 
ceed fifteen such black bass in one day, but when- 
ever two or more persons are angling from the same 
boat they may take not to exceed twenty-five in 
one day. 

[See Lake George. See Additional rrotection Orders.] 

§ 232. Trout; open season; limit. 

1. Open season. Trout not less than six inches 
in length may be taken and possessed from April 
fifteenth to August thirty-first, both inclusive. 

2, Size of catch. A person may take not to exceed 
ten pounds of trout in one day. 

[As amended by chapter 508, Laws of 1913.] 



52 Conservation Laic. 

[§ 233. Repealed by chapter 508, Laws of 1913.] 

§ 234. Lake trout and whitefish; open season and 
size limit; catch; sale of. 

1. Open season and size limit. Lake trout not 
less than fifteen inches in length and whitefish not 
less than one and three-quarters pounds in the round 
may be taken and possessed from April first to 
December thirty-first, both inclusive. 

2. Otsego whitefish, commonly called Otsego bass, 
not less than nine inches in length may be taken 
and possessed from January first to October thirty- 
first, both inclusive. 

3. Size of catch. A person may take by angling 
not to exceed ten lake trout in one day, but when- 
ever two or more persons are angling from the same 
boat they may take not to exceed fifteen in one 
day. Whitefish may be taken in any number or 
quantity. 

4. Sale of. Such lake trout and whitefish may be 

bought and sold during the open season therefor. 

[As amended by chapter 508, Laws of 1913. See Lake 
George.] 

§ 235. Lake trout and whitefish; open season; 
special. Lake trout and whitefish may be taken in 
Lakes Erie and Ontario in any number or quantity 
from December thirty-first to October thirty-first 
inclusive, and when so taken may be possessed, 



Conservation Law. 53 

bought and sold, provided that every person to whom 
a license is issued to take such fish with a net or 
nets operated from power boats shall, when required 
by the commission, furnish without charge to the 
commission eggs and milt from such fish taken by 
him during the spawning season. Such eggs and 
milt shall be taken by the commission for propaga- 
tion only and shall be taken from the fish by the 
agents of the commission. The person to whom 
such license is issued may be required by the com- 
mission to give a bond with sufficient sureties 
approved by the commission conditioned that he 
will furnish such eggs and milt as aforesaid and 
permit the agents of the commission to be present 
in any such boat at the time of the taking of such 
fish for the purpose of taking such eggs and milt 
and conditioned that he will not hinder or delay 
such agent in the performance of such duty nor in 
the landing of such eggs and milt from said boat in 
good order. 

Lake trout not less than fifteen inches in length 
and white fir^h not less than one and three-quarters 
pounds in the round taken without the state may 
be imported into this state at any time and when 
so imported may be possessed, bought and sold. 

[As amended by chapter 508, Laws of 1913.] 

§ 236. Pike perch; open season; size limit; sale of. 

1. Open season and size limit. Pikeperch not 
less than twelve inches in length may be taken and 



54 Conservation Law. 

possessed in any number or quantity from May first 
to March first, both inclusive. 

2. Sale of. Such pikeperch may be bought and 
sold during the open season therefor. 

[See Lake George.] 

§ 237. Pickerel and pike; open season and limit; 
sale of. 

1. Open season. Pickerel and pike in any number 
or quantity may be taken and possessed from May 
first to March first, both inclusive, except as herein 
provided. 

2. Limit. In the Saint Lawrence river a person 
may take in one day not to exceed twelve great 
northern pike, locally known as " pickerel " not less 
than twenty inches in length. 

3. Sale of. Such pickerel and pike may be bought 
and sold during the open season therefor. 

[See Lake George.] 

§ 238. Shortnosed sturgeon; lake sturgeon; sea 
sturgeon; open season and size limit; sale of. 

i. Open season and size limit. Shortnosed stur- 
geon not less than twenty inches in length may be 
taken and possessed from July first to April thir- 
tieth, both inclusive, in any number or quantity. 
Lake sturgeon not less than thirty inches in length, 
and sea sturgeon not less than four feet in length 
may be taken and possessed in any number or quan- 
tity at any time. 



Conservation Law. 55 

2. Sale of. . Such btiirgeon may b? bought and 
sold during the open season therefor. 

§ 239. Maskalonge; open season and size limit; 
sale of. 

1. Open season and size limit. Maskalonge not 
less than twenty-four inches in length may be taken 
and possessed from June sixteenth to December 
thirty-first, both inclusive, in any number or quan 
tity. No person shall take maskalonge through the 
ice. 

2. Sale of. Such maskalonge may be bought and 
sold during the open season therefor. 

§ 240. Striped bass; size limit; sale of. Striped 
bass not less than twelve inches in length may be 
taken by angling and with nets and possessed and 
sold in any number or quantity at any time. 

§ 241. Smelt or icefish; open season and size 
limit; sale of. 

1. Open season and size limit. Smelt or icefish 
not less than six inches in length may be taken from 
the inland waters of the state and in Lake Cham- 
plain in any number or quantity at any time. 
•Smelt or icefish of any size may be brought from 
without the state or taken within the marine 
district. 



56 Conservation Laic. 

2. Possession and sale of. Such smelt or iceiish 
may be possessed, bought and sold at any time. 
[As amended by chapter 508, Laws of 1913.] 

§ 241-a. Lake George, open seasons, special. The 
open seasons for taking fish in the waters of Lake 
George, in any part thereof, shall be as follows: 
Lake trout, from May first to October first, both 
inclusive; pike perch, pickerel, great northern pike, 
from June sixteenth to December thirty-first, both 
inclusive; bullheads, from July first to December 
thirty-first, both inclusive; black bass, from August 
first to December fifteenth, both inclusive. 

[New. Inserted by chapter 583, Laws of 1913.] 

§ 242. Prohibited; stocking private waters. Trout 
or lake trout shall not be taken from any of the 
waters of the state for the purposes of stocking 
private ponds or streams. Provided, however, that 
any person desirous of aiding the state in the propa- 
gation and distribution of trout, may on approval 
of the commission, take trout eggs from trout in 
public waters for breeding purposes and such trout 
shall be returned to the waters from which they 
were taken. Before permission is given, or trout 
taken as herein provided, the applicant shall show 
conclusively that he has facilities for breeding 
trout, and must execute a satisfactory bond to the 
people of the state, to be approved by the com- 
mission, conditioned that he will not sell, give 
away, convert to his own use, or otherwise dispose 



Conservation Law. 57 

of any trout, or eggs taken under said permit, and 
will return the young trout to public waters at 
such times and places as the commission may 
designate. 

[As amended by chapter 508, Laws of 1913.] 

§ 243. Prohibited; disturbing bass, trout, and lake 
trout while spawning. Bass, trout and lake trout 
on spawning beds in the close season shall not 
be disturbed, nor shall their spawn or milt be taken 
from the spawning beds except as provided by the 
preceding section, and section one hundred and. fifty- 
live. 

§ 244. Prohibited; thumping. Sailing, rowing, 
pushing or floating in any boat or vessel in a water- 
way, river, run or channel, bay or sound, or patrol- 
ling the banks of such waterway, river, run or chan- 
nel, bay or sound, and stamping, jumping, shouting, 
pounding, beating or splashing the water, beating 
or pounding the banks, or boat while a seine or net 
is set, drawn, held, or used in such waterway, river, 
run or channel, bay or sound, with intent to drive 
fish into such seine, or net, which acts are commonly 
known as thumping, are hereby forbidden. 

§ 245. Prohibited; explosives. Fish shall not be 
taken by means of explosives. Except for mining or 
mechanical purposes, dynamite or other explosives 
shall not be used in any of the waters of this state, 
or possessed upon the waters, shores or islands 



58 Conservation Law. 

thereof. Possession thereof by any person on the 
waters, shores or islands thereof, of this state shall 
be presumptive evidence that the same is possessed 
for use in violation of the provision of this section. 

§ 246. Prohibited; obstructing streams. Except 
as provided in section two hundred and fifty-six or 
as directed by the commission, no person shall by 
means of any rack, screen, weir, or other obstruction 
in any creek, stream or river, prevent the passage 
of fish. The commission may order such an obstruc- 
tion to be removed by the person erecting the 
same or by the owner of the land on which the 
same is located. A copj'" of the order shall be 
served on such person or owner. Failure to comply 
with the terms of such order within ten days 
after service of the same shall be deemed a viola- 
tion of this section. 

[As amended by chapter 508, Laws of 1913.1 

§ 247. Prohibited; polluting streams. No dye- 
stuffs, coal tar, refuse from a gas house, cheese 
factory, creamery, condensery or canning factory, 
sawdust, shavings, tanbark, lime or other dele- 
terious or poisonous substance shall be thrown or 
allowed to run into any waters, either private or 
public in quantities injurious to fish life inhabit- 
ing the same, or injurious to the propagation of 
fish therein. 

[Re-enacted without change, chapter 508, Laws of 
19i;!.] 



Conservation Law. 59 

§ 248. Prohibited; polluting of waters used by 
state fish hatcheries. No person shall erect or 
maintain any privy, watercloset, pigsty, hogpen, in- 
closure for poultry, barn or barnyard in which 
animals or poultry are kept, or drain from any 
building or the cellar thereof, where drainage or 
refuse therefrom will flow into or find its way into 
water used by any fish hatchery operated by the 
state, or into any pond, creek or stream used in 
connection therewith. Every such privy, water- 
closet, pigsty, hogpen, enclosure, barn, barnyard and 
drain is hereby declared to be a public nuisance, 
and may be summarily abated by the commission. 
No person shall place sewage or other matter inju- 
rious to fish where the same can find its way into 
water used by any fish hatchery operated by the 
state, or sufi'er the same to be done from, over or 
through premises owned or occupied by him. 

§ 249. Prohibited; drawing off water; fishing. No 
person shall take fish by shutting or drawing off 
water for that purpose. No person shall hold back 
or divert the water in any stream which supplies a 
state hatchery so as to prevent the necessary flow 
of sufiicient water for hatchery purposes. 

No person, except under authority of the com- 
mission, shall take fish from the waters of anv 
fish hatchery, 

f As amended by chapter 508, Laws of 1913.1 



60 Conservation Laic. 

§ 250. Prohibited; placing fish in certain waters. 
Fish or eggs tliereof other than trout, lake trout, 
frostfish, whiteiish and smelt, shall not be placed 
in any waters of the state inhabited or stocked 
with trout. No person shall put or place in any 
public waters of the state fish commonly known 
as carp, nor shall any person put or place in such 
waters the spawn of such fish or use such fish as 
bait in the water thereof. 

§ 251. Prohibited; fishing near fish ways. The 

commission shall maintain fifty rods from every 
fish way erected by the state in public waters on 
both sides of the stream above and below the fish- 
way, signboards containing substantially the follow- 
ing notice: "Fifty rods to the fishway; all persons 
are prohibited by law from fishing in this stream 
between this point and the fishway." No person 
shall take fish within fifty rods of any such fishway. 

§ 252. Prohibited; taking fish through the ice in 
certain waters. No person shall take fish through 
the ice in waters inhabited by trout unless an 
order specifying the waters and fixing the season 
shall first be made by the commission. 
[As amended by chapter 508, Laws of 1913.] 
§ 253. Tip-ups. Tip-ups may be used, for fishing 
through ice except in waters inhabited by trout, to 
take bullheads, catfish, eels, perch, sunfish, and ex- 
cept during the months of March and April, pike- 
perch, pike and pickerel. No person shall operate 



Conservation Law. 61 

or control at the same time more than fifteen tip- 
iips. All tip-ups must be marked with the name and 
address of the owner tliereof. 

[As amended by chapter 508, Laws of 1913.] 

§ 254. Set and trap lines. Set lines may be used 
except in waters inluibited by trout to take white- 
fish, bullheads, catfish, eels, perch, sunfish, carp, 
mullet and dogfish, provided an order specifying 
the waters and fixing the season shall first be made 
by the commission. Set and trap lines may be 
used to take sturgeon in any waters during the 
open seanson therefor, provided a license for so 
doing shall first be obtained from the commission. 

[As amended by chapter 508, Laws ot 1913.] 

§ 255. Spearing. Spears, grappling hooks, naked 
hooks or snatch hooks may be used, except in waters 
inhabited by trout, for taking whitefish, mullet, 
carp, catfish, dogfish, bullheads, suckers and eels 
at any time, provided an order specifying the waters 
and fixing the season shall first be made bv the 
commission. 

[As amended by chapter 508, Laws of 1913.] 

§ 256. Eel weirs and eel pots. Eel weirs and eel 
pots of such form as may be prescribed by the com- 
mission may be used at any time for taking eels, 
provided a license for so doing shall first be ob- 
tained from the commission. Eel weirs shall not 
be used in waters inhabited bv trout. This section 
shall not apply to waters of the marine district. 



62 Conservation Law. 

§ 257. Frogs. Bullfrogs, green frogs, and spring 
irogs may be taken in any manner, possessed, 
bought and sold from June first to March thirty- 
first, both inclusive. They shall not be taken, 
possessed, bought or sold at any other time. 

§ 258. Penalties. A person who violates any of 
the provisions of part VII shall be guilty of a mis- 
demeanor, and in addition thereto is liable as fol- 
lows: For each violation of sections two hundred 
and forty-five, two hundred and forty-seven and two 
hundred and forty-eight, to a penalty of five hundred 
dollars, and of ten dollars for each fish taken, pos- 
sessed, bought or sold in violation thereof : of sec- 
tions two hundred and forty-three and two hundred 
and forty-nine to a penalty of sixty dollars, and a 
penalty of ten dollars for each fish taken or possessed 
or placed in the waters in violation thereof; ol sec- 
tion two hundred and forty-six, to a penalty of 
twenty-five dollars, and an additional penalty of ten 
dollars for each day the order of the commission is 
not complied with. A person convicted of a violation 
of any of the provisions of sections two hundred 
and forty-five, two hundred and forty-seven and two 
hundred and forty-eight shall be punishable by im- 
prisonment for not exceeding one year and in addi- 
tion shall be liable to the penalties herein prescribed. 
For a violation of any of the other provisions of 
part VII for which a penalty is not specifically pre- 
scribed, or of any rule or regulation of the com- 
mission, any person shall be liable to a penalty of 



Conservation Law. 63 

twenty-five dollars, and an additional penalty of ten 
dollars for each fish taken or possessed, bought or 
sold in violation thereof. 

[As amended by chapter 508, Laws of 1913.1 

PART VIII. 

Nets and Netting. 
Section 270. Xets to be licensed. 

271. Fish which may be taken with nets. 

Superintendent of inland fisheries. 

272. Size of mesh. 

273. Hauling of nets regulated. 

274. Xets to be tagged and buoyed. 

275. Prohibited; use of nets in certain 

waters. 

276. Xets in Lakes Erie and Ontario. 

277. Xiagara river. 

278. Xets in Chaumont bay and adjacent 

waters. 

279. Nets in Hudson and Delaware rivers 

and adjacent waters. 

280. Application. 

282. Vessels to carry employees of commis- 
sion. 

282. Xets to be destroyed. 

283. Seizure of nets; regulations in certain 

counties. 

284. Penalties. 

§ 270. Nets to be licensed. Unless otherwise pro- 
vided by this article, seines, gills, fykes, pounds, 



94 Conservation Law. 

traps, scaps and other nets or devices may be set or 
used in any of the waters of the state provided a 
license so to do shall be first obtained from the com- 
mission. Rules regulating the use of seines, gills, 
fykes, pounds, traps, scaps and other nets or devices 
in any of the waters of the state, and providing for 
the licensing of such nets, together witli a license 
fee therefor, may from time to time be prescribed by 
tlie commission when not inconsistent with law, and 
such rules shall be filed in the oflice of the commis- 
sion. 

[As amended by chapter 508, Laws of 1913.] 

§ 271. Fish which may be taken with nets. 

Superintendent of inland fisheries. When permitted 
by the commission lake trout, whitefish, pickerel, 
pike, pike perch, shad, herring, striped bass, smelt or 
icefish and sturgeon of all kinds, of the size limit 
and during the open season therefor as prescribed in 
part seven of this article, and all fish not protected 
by law may be taken by nets in waters of the state, 
except Seneca lake in any number or quantity. For 
the purpose of supervising the taking of fish with 
nets the commission is empowered to designate from 
the protectors a superintendent of inland fisheries 
at a salary of not to exceed twenty-five hundred dol- 
lars per annum, and his actual and necessary ex- 
penses while in the performance of his official duties, 
not to exceed one thousand dollars. 

[As amended by chapter 508, Laws of 1913.] 



Conservation Laic. 65 

§ 272. Size of mesh. When permitted the size of 
mesh of nets shall be as follows: 

1. Gill or other movable nets used for taking lake 
trout or whitefish, not less than two and three- 
eighths inch bar. For taking Otsego whitefish, com- 
monly called Otsego bass, not less than one and one- 
half inch bar. 

2. Gill or other nets used for taking fish other 
than lake trout and whitefish, not less than one 
and one-eighth inch bar. 

§ 273. Hauling of nets regulated. No nets or 
other devices for taking fish shall be hauled after 
sunset and before sunrise. 

[As amended bj- chapter 508, Laws of 1913.] 

§ 274. Nets to be tagged and buoyed. All nets 
or other devices for taking fish permitted under tliis 
part shall be buoyed and tagged in such manner as 
may be prescribed by the commission. 

§ 275. Prohibited; use of nets in certain waters. 
In waters inhabited by trout the use of nets of any 
kind is prohibited. This prohibition shall not apply 
to landing nets used to land fish duly hooked by 
angling or to use of nets by the commission as pro- 
vided in section one hundred and fiftv-five of tiiis 
chapter. 

§ 276. Nets in Lakes Erie and Cntario. Fish, 
except black bass and maskalonge may be taken with 
3 



66 Conservation Law. 

nets during the open season therefor in the waters 
of Lake Erie, except within one-half mile of the 
shores or islands thereof and within five miles of the 
mouth of Cattaraugus creek during the open season; 
and in Lake Ontario, from May sixteenth to Septem- 
ber thirtieth, both inclusive, except within one mile 
at the shores or islands thereof and within three miles 
of the mouth of the Niagara river during the open 
season; and from October first to May fifteenth, 
both inclusive, except within one-half mile of the 
shores or islands thereof and within three miles of 
the mouth of the Niagara river, during the open 
season. 

[As amended by chapter 664, Laws of 1913.] 

§ 277. Niagara river. Seines and squat nets may 
be used to take fish except black bass, laketrout, 
whitefisii and maskalonge in the Niagara river in 
November, December, January and March. Fish ex- 
cept black bass, pike perch, laketrout, whitefish, 
pickerel and maskalonge may be taken by seine, 
machine or trap by citizens of the state in that part 
of the Niagara river in the town of Lewiston, 
Niagara county, during the time when Canadians 
may lawfully fish with such devices in said river 
on the Canada side opposite the town of Lewiston, 
irovided a license therefor has been granted by the 
ommission, and provided that laketrout and white- 
fish must not be taken during November and De- 
cember. 



Conservation Law. 67 

§ 278. Nets in Chaumont bay and adjacent waters. 
Fish, €xc?ept black bass and maskalonge> may be 
taken with nets during the open season therefor in 
the waters and bays of Lake Ontario, in the county 
of Jeflerson betw^een Horse island in the town of 
Hounslield and the town line between the towns of 
Lyme and Cape Vincent, except the waters within 
one-half mile of Stoney island. Calf island or of the 
Galloup islands from October first to June first, both 
inclusive. Such nets shall on order of the commis- 
sion be removed from any place after the black bass 
begin to run there. Sturgeon may be taken with 
sturgeon nets of not less than five inch bar at any 
time. 

[As amended hy chapter 664, Laws of 1913.] 

§ 279. Nets in Hudson and Delaware rivers and 
adjacent waters. Shad and herring may be taken 
with drifting nets operated by hand only from ]\Iarch 
fifteenth to June fifteenth, both inclusive, in the 
Delaware river and that part of the Hudson river 
below the dam at Troy and north of Verplanck's 
Point. No such net shall be set, placed or drawn, 
or fish taken therefrom between sunset on Friday 
and sunrise on jNIonday. Fish, except salmon, black 
bass, trout, pike perch, and except also during 
March and April, pickerel and pike may be taken 
with nets in the Hudson river below the dam at 
Troy, from September first to INIay thirtieth, both 
inclusive. Sturgeon may be taken in the Hudson 
river with sturo-eon nets of not less than five and 



■ c 



68 Conservation Lavj. 

one-half inch bar, from June first to September first, 
both inclusive. 



§ 280. Application. The provisions of part VIII 
of this article, except sections two hundred and 
eighty-two and two hundred and eighty-three, shall 
only apply to the taking of fish from Lakes Erie 
and Ontario, the Hudson river north of Verplanck's 
Point and the inland waters of the state. 

[As amended by chapter 508, Laws of iQlS.] 

§ 281. Vessels to carry employees of commission. 
Any person owning or operating a boat or vessel 
used for the taking of fish shall, at any time, per- 
mit game protectors or other employees of the com- 
mission to board such boats and inspect the cargo 
or contents, and shall at any time carry such per- 
sons for the purposes of inspecting nets or the haul- 
ing of the same, or the taking of fish eggs. 

§ 232. Nets to be destroyed. iSeines, fykes, pounds, 
traps and other nets not authorized by law, had, set 
or used in or upon any of the inland or tidal waters 
of the state or on the shores thereof, or islands sur- 
rounded by said waters are hereby declared to be 
public nuisances, and shall be summarily seized, 
abated and destroyed by any game protector or may 
be sold by the commission at public auction to the 
highest bidder under rules and regulations estab- 
lished by it; provided, however, the commission may 



Conservation Law. 69 

direct a game protector to retain certain nets or 
seines for the use of the state hatcheries. Posses- 
sion of nets other tlian as provided for by part VIII 
at any time by any person in or on or within five 
hundred feet of any waters of the state shall be pre- 
sumptive evidence that the same were unlawfully 
used. 

{As amended by chapter 50S, Laws of 1913.] 

§ 283. Seizure of nets; regulations in certain 
counties. The reasonable expense of the seizure, re- 
moval or destruction of any net, pound or other 
illegal device shall be a county charge against the 
county in which the same shall be seized, and suall 
be audited and paid as a county charge on verified 
statement of the game protector making the seizure, 
stating the time and place of such destruction, the 
name of the person or persons employed, the time 
spent and money paid, if any, therein. The board 
of supervisors of any county may, by resolution, 
make such further regulation in the presentation of 
said statement and the destruction of said devices 
as it may deem proper. 

§ 284. Penalties. Any person violating any of the 
provisions of any section of part VIII or of any 
rule or regulation of the commission prescribed here- 
under shall be guilty of a misdemeanor and shall 
be punishable by a fine of not less than fifty dollars, 
nor more than two hundred dollars, or by imprison- 
ment for a term of not less than sixty days nor 



70 Conservation Law. 

more than four months, or by both such fine and 
imprisonment, and in addition thereto shall be liable 
as follows: To a penalty of five dollars for each 
fish taken or possessed in violation thereof. 
[As amended by chapter 508. Laws of 1913.] 

PART IX. 

Fishways. 
Section 290. Notice of construction of dam. 
291. Fishways; penalties. 

§ 290. Notice of construction of dam. Before the 
construction of a dam is commenced on any of the 
inland waters of the state, the plan thereof, and a 
statement of the name, length and location of the 
waters on which the dam is to be built shall be 
given to the commission by the person, or if by 
public authority, by the official directing or permit- 
ting the work. 

§ 291. Fishways; penalties. The commission may 
on notice to the owner of the land or the official 
directing or permitting the work, make an order to 
be entered in its minutes and to be served by copy 
on such person or official directing the construction 
of lishways in any dam heretofore or hereafter built, 
or if there be fishways, the making of changes 
therein in accordance with specifications to be em- 
bodied in said order and it shall be the duty of the 
person or official so served to comply with such 
order within the time to be specified in said order, 



Conservation Law, 71 

and every person or officer who fails or refuses to 
comply with or violates such order shall be guilty 
of a misdemeanor and be liable to a penalty of live 
dollars for every day such violation, failure or re- 
fusal continues. 

[As amended by chapter 508, Laws of 1913. §§ 292 
and 293 repealed by chapter 508, Laws of 1913.] 

PART X. 

Marine Fisheries. 
Section 300. Marine district described. 

301. Bureau of marine fisheries. 

302. Office and clerical force. 

303. Reports relating to shellfish. 

304. Leases for cultivation of shellfish, et 

cetera, limitations. 

305. Collection of rents. 

306. Settlement of disputes as to shellfish 

leases. 

307. Provisions for taxation; statement of 

property; penalty; assessment of tax. 

308. Levy of tax, et cetera. 

309. Collection of tax. 

310. Sanitary inspection of shellfish grounds, 

et cetera. 

311. Duties of state commissioner of health. 

312. Record and certificate of inspection, et 

cetera, notice of condition of public 
shellfish grounds. 

313. Prohibited, sale of shellfish, unless sani- 

tary condition be certified, et cetera. 



72 Conservation Law. 

Section 314. Taking oysters in South bay. 

315. Blue Point oysters. 

316. Shellfish beds protected. 

317. Dredging and raking for shellfish. 

318. Scallops, size limit. 

319. Residents only to take sliellfisli. 

320. Star-fish to be destroyed. 

321. Prohibited; taking of lobsters under cer- 

tain size. 

322. Size of openings in lobster traps. 

323. Residents only to take lobsters, except 

in certain waters. 

324. Licenses for vessels, et cetera. 

325. Polluting waters. 

326. Garbage not to be thrown in certain 

waters. 

327. Prohibited; use of nets in inlets. 

328. Prohibited; nets in the Harlem river 

and adjacent waters. 

329. Richmond county and Raritan bay. 

330. Jamaica bay and adjacent waters. 

331. Size of mesh in Coney Island creek. 

332. Rockaway bay, Jones' inlet and adjacent 

waters. 

333. Recording and fees. 

334. Supervisors of Nassau and SufTolk 

counties. 

335. Penalties. 

§ 300. Marine district described. The marine dis- 
trict shall include all waters in and adjacent to 



Conservation Law. 73 

Long Island and all tidal waters of the state, except 
the Hudson river north of Verplanck's Point. 

§ 301. Bureau of marine fisheries. There shall 
continue to be a bureau of marine fisheries under 
the supervision and control of the commission. The 
commission may appoint for the bureau of marine 
fisheries a supervisor of marine fisheries, who shall 
administer the affairs of such bureau relating to 
shclllisli and shell fisheries. 

[As amended by chapter 508, Laws of 1913.] 

§ 302. Office and clerical force. The commission 
may appoint for the bureau of marine fisheries a 
deputy supervisor of marine fisheries, a cashier who 
shall also perform the duties of bookkeeper who 
shall have a salary of two thousand dollars a year, 
a surveyor who shall have a salary of two thousand 
dollars a year and the expenses necessarily incurred 
by him in the discharge of his official duties not to 
exceed seven hundred dollars a year, one confidential 
secretary who shall have a salary of eighteen hun- 
dred dollars a year, one or more bacteriologists and 
such clerical assistants as are actually needed for 
which appropriation shall have been made by the 
legislature. The supervisor, the deputy supervisor 
and the cashier shall take and subscribe the con- 
stitutional oath of office, and shall each execute and 
file a bond to the people of the state in the sum of 
five thousand dollars with sureties approved by the 



74 Conservation Law. 

commission, conditioned for the faithful performance 
of their duties and to account for and pay over pur- 
suant to law, ail moneys received by them or either 
of them in their office. During the absence or ina- 
bility to act of the supervisor, the deputy supervisor 
shall have and exercise all the power of the super- 
visor. All the officers and employees of the bureau 
of marine fisheries shall hold office during the 
pleasure of the commission. 

[As amended by chapter 508, Laws of 1913.] 

§ 303. Reports relating to shellfish. The super- 
visor shall, on or before the fifth day of each month, 
make a report to the deputy in charge of the di- 
vision of fish and game of his proceedings for the 
preceding calendar month. He shall include in such 
report a detailed statement of his receipts from all 
sources, together with a statement of all land under 
water disposed of for shellfisli cultivation and all 
such lands surrendered to the state, together with 
such other facts relating to the matters Avithin his 
jurisdiction as he mav deem necessarv. He shall 
also in like manner make an annual report to the 
deputy commissioner of the same matters for the 
year ending with the first day of January preceding. 
In making the annual reports provided for in sec- 
tion twelve of the conservation law, the commission 
and deputy commissioner in charge of th.e division 
of fish and game shall include in such reports in 
addition to the matters required in said section a 
statement of all land under water disposed of for 



Conservation Law. 75 

shellfish cultivation and all such lands surrendered 
to tlie state. 

§ 304. Leases for cultivation of shellfish; letting 
to be at public auction; re-leasing; reports; mark- 
ing ground; leases not transferable; summary pro- 
ceedings; limitations. 

1. Leases for cultivation of shellfish. The super- 
visor, under the direction and supervision of the 
commission, may lease lands under water for the 
cultivation of shellfish to persons who have resided 
in the state one year or more, but oyster beds of 
natural growth shall not be leased unless the same 
have for five years failed to produce natural oysters 
in sufficient quantities to enable persons engaged in 
the taking thereof, to earn a livelihood by working 
on such lands. 

2. Letting to be at public auction. Before a lease 
is made notice thereof must be posted for at least 
three weeks in a conspicuous place in the office of 
the supervisor, in the office of the town clerk and 
in the post-office nearest to the land applied for. 
The letting shall be at public auction, to the highest 
bidder, and the commission shall classify the lands 
applied for in accordance with their value and fix 
a minimum price at which the lease may be awarded, 
but such price shall in no case be less than twenty- 
five cents an acre annually and in no case shall 
term of the lease exceed fifteen years. 

3. Re-leasing. On the expiration of any lease or 



76 Conservation Laio. 

within ninety clays prior thereto and upon it being 
shown to the satisfaction of the commission that 
the lands described therein have in good faith been 
used for shellfish cultivation continuously during the 
preceding term for which such lease was granted, 
the lessee, owner or holder of said lease shall have 
the privilege of re-leasing such lands for a period 
not exceeding fifteen years, upon such terms as may 
be agreed upon between said lessee and the super- 
visor, subject to the approval of the commission, 
but the rental shall in no case be less than twenty- 
five cents per acre annually. Upon the failure to 
agree on terms for the re-leasing of sucli lands, the 
holder of such original lease shall be allowed an 
extension of one year fov the purpose of removing 
from the grounds so leased all shellfish belonging to 
him upon such ground, and such extension shall be 
made at the terms named in such original lease. 

4. Reports. Every person holding a lease or fran- 
chise shall report annually to the supervisor, on 
blanks provided for that purpose, such information 
as the commission mav deem necessarv. 

5. Marking grounds. A lessee shall immediately 
mark the grounds leased, by stakes, buoys or monu- 
ments, which shall be maintained bv him, his sue- 
cessors or assigns during the continuance of the 
lease. 

6. Leases not transferable. Leases shall not be 
transferable in whole or in part, except to persons 
who might have been original lessees. 



Conservation Lam, 77 

7. Summary proceedings. The commission may 
immediately oust from such lands, tenants whose 
rent is in arrears or who fail or refuse to report 
as herein provided, and thereupon the lease held by 
such delinquent shall become null and void. The 
provisions of chapter seventeen, title two of the code 
of civil procedure shall apply and govern the pro- 
cedure in such cases. 

8, Limitations. This section shall not be con- 
strued as limiting the power of the commissioners 
of the land office to grant land under water, but 
any grant of land actually occupied and in use for 
cultivation of shellfish shall be subject to the right 
of the occupant to occupy and use such land for at 
least two years, and no grant of land by such com- 
missioners of the land office shall thereafter be used 
for the cultivation of shellfish, nor shall the public 
be excluded therefrom for the purpose of taking 
shellfish. Nor shall it apply to any of the excepted 
lands named in section three hundred and seven of 
this chapter. 

§ 305. Collection of rents. The supervisors may, 
under the direction of the commission, in the name 
of the people of the state, sue for, collect, compro- 
mise, compound or satisfy rents which no\y are or 
may hereafter be in arrears on leases by the state, 
of land under water, for the cultivation of shellfish 
and make such rebates thereon as in his judgment 
are just and equitable, provided the sum accepted on 



78 Conservation Laic. 

such compromise or settlement shall in no case be 
less than twenty-five cents an acre annually. In 
cases where a grantee or assignee of a grantee of 
lands for shellii&h cultivation is desirous of sur- 
rendering such lands, the supervisor in his discre- 
tion shall, in case such person is not indebted to the 
commission for rentals or otherwise, receive an as- 
signment of svich lands to the state of New York 
and cause such assignment to be recorded in his 
office. 

§ 306. Settlement of disputes as to shellfish leases. 
Tlie supervisor shall have jurisdiction to hear all 
controversies which have arisen or may arise with 
regard to the leasing of lands under water for the 
cultivation of shellfish, and to determine the same 
upon just and equitable terms to be approved by the 
commission. 

§ 307. Provisions for taxation; statement of prop- 
erty; penalty; assessment of tax. 

1. Statement of property. All owners, lessees or 
persons in possession of shellfish grounds within the 
state of New York, shall, on or before the thirtieth 
day of September, annually, deliver to the supervisor 
at his office a statement under oath, specifying the 
number of acres of shellfish grounds owned, leased 
or used by them on the first day of August preced- 
ing, and the location, description and value thereof 
and whether held under grant, lease or otherwise, 



Conservation Law. 79 

and printed blanks shall be prepared by tlie com- 
mission and furnished upon application at the oHice 
of the bureau of marine fisheries. But in case an 
owner, lessee or persons in possession as aforesaid 
shall have made a previous statement and shall make 
and file an affidavit of such fact on or before Sep- 
tember thirtieth in each year, showing that no 
change has been made in his or their holding as 
rendered in the previous statement, then such pre- 
vious statement shall be taken as the statement for 
the vear in which the affidavit is filed. 

2. Penalty. In case of the failure of any such 
person to deliver such statement to said supervisor 
at his office within the time above specified, or, if 
any statement so delivered to him shall erroneously 
state the number of acres subject to the tax herein 
after imposed, said supervisor shall make up a 
statement from the best information he may obtain, 
and shall add for such default to the tax herein- 
after provided a penalty of twenty per centum of 
the amount of such tax. 

3. Assessment of tax. The said supervisor shall 
annually make up and keep a book in his office to 
be known as the assessment book, in which he shall 
set down alphabetically the names and addresses of 
the owners, lessees or persons in possession of all 
shellfish ground within the state, the number of 
acres held or possessed by them and the location 
thereof as shoAvn by the statements aforesaid, the 



80 Conscrcation Law. 

amount of the tax payable thereon as hereinafter 
provided, and any penalty thereon; such assessment 
book shall also contain columns for the date of pay- 
ment of such tax and the amount of tax and penalty 
paid. 

§ 308. Levy of tax; notice and grievance; pay- 
ment of tax; tax in lieu of other taxes; limitations. 

1. Levy of tax. For the benefit of the state and 
for the protection and fostering of the shell fisheries 
thereof, and the maintenance of an efBcient office 
cr bureau, an annual tax at the rate of twenty- 
five cents per acre shall be levied and assessed 
upon each and every acre of shellfish ground located 
"Within this state owned, leased or possessed by any 
person whatsoever. The commission sliall annually, 
and before the first day of February, levy and 
assess the said tax upon the property described 
in the statement made as aforesaid, setting forth 
the amount thereof, and any penalty added thereto, 
in the assessment book, as provided in the last 
section. 

2. Notice and grievance. The commission shall 
thereupon serve notice on all persons whose lands 
are so assessed, and on which a tax is levied here- 
under, which notice shall be in writing and mav 
be served personally or by mailing the same to 
the last known post-office address of such person, 
stating that such tax roll has been completed and 
is on file in the office of the supervisor, the number 



Conservation Laic. 81 

of acres so assessed and the amount of the tax 
thereon, the penalties incurred, if any, and that on 
a day therein stated, which shall be not less than 
five days from the date of such notice, the super- 
visor or the deputy in charge of the division of 
fish and game will hear the complaint of all persons 
declaring themselves aggrieved thereby, and on such 
hearing sections thirty-six and thirty-seven of the 
tax law shall apply so far as the same are ap- 
plicable and such assessment may b3 reviewed by 
certiorari in the manner provided in the tax law 
for the review of erroneous or illegal assessments. 

3. Payment of tax. Such tax shall be paid to the 
said commission at the office of the supervisor 
Avithin sixty days after the first day of February 
in each year, and he shall give a proper receipt 
therefor, and immediately enter such payment upon 
the assessment book with the date of payment. 
Such tax and any penalty thereon shall be a first lien 
upon all the property subject thereto, including the 
shellfish thereon from the first day of February in 
the year in which such tax is laid. 

4. Tax in lieu of other taxes. The tax hereby 
imposed shall be in lieu of all other taxes on such 
property, and no other tax except as provided in 
this article shall be levied or imposed on said 
shellfish grounds, or the shellfish thereon, by any 
authority whatever. 

5. Limitations. Sections three hundred and six, 



82 Conservation Law. 

three hundred and seven, three hundred and eight, 
and three hundred and nine of this chapter do not 
apply to or effect lands under water, held and in 
possession under colonial patents, or legislative 
grants, by any town or person in tlie counties of 
Kings, Queens, Suffolk, Nassau or Eichmond, or to 
lands under the waters of Gardiners and Peconic 
bays, ceded by the state to the county of Suffolk, 
pursuant to chapter three hundred and eighty-five 
of the laws of eighteen himdred and eighty-four, 
as amended by chapter six hundred and forty of the 
laws of nineteen hundred and six. 

[As amended by ohnpter 50S, Laws of 1913.] 

§ 309. Collection of tax. If any tax so laid shall 
not be paid on or before the first day of April, the 
said supervisor shall make and issue his warrant, 
in the name of the commission, for the collection 
thereof, with interest thereon, at one per centum 
per month from the day such tax became due and 
payable, and until paid, which warrant shall be 
delivered to the sheriff of the county within whose 
jurisdiction the lands are situated, directing such 
sheriff to collect such tax, together with the penalty 
and interest, if any, due thereon, together with his 
fees for making such collection, and such sheriff is 
liereby authorized, empowered and required in de- 
fault of such payment to sell the property described 
in such warrant in the manner provided by law for 
a sale under execution, and to deliver to the pur- 



Conservation Law. 83 

chaser thereof a proper deed or assignment, as the 
case may be, and such warrant shall immediately 
be returned to said supervisor by said sheriff with 
all his proceedings indorsed thereon, and he shall 
pay over to said supervisor the monc}^ received upon 
&uch sale, and said supervisor shall apply the same 
to the payment of such tax and all interest and ex- 
penses thereon, including the expenses of such sale, 
returning any balance that may remain to such 
owner or owners. All monevs received bv said 
supervisor in payment of taxes and interest thereon 
shall be accounted for and paid by said supervisor 
to the state treasurer, for the benefit of the state, 
within thirty days after its receipt. 

§ 310. Sanitary inspection of shellfish grounds; 
cancellation of certificate; service of notice; report. 

1. Sanitary inspection of shellfish grounds. It 
shall be the duty of the supervisor within one year 
from the passage of this act, or within sucli further 
time as it may require to complete the same and 
annually thereafter, to cause to be inspected and ex- 
amined by a competent bacteriologist, appointed by 
the commission, all shellfish grounds and other 
places within the state from which shellfish are 
taken, planted, cultivated or handled, with a view 
to ascertaining the sanitary condition of such shell- 
fish grounds and other places, and the fitness of the 
shellfish in such places, or which may be taken 
therefrom, for use as articles of food. 



84 Co7iservation Laiv. 

2. Cancellation of certificate. The commission 
may, if it deems it necessary at any time, have the 
whole or any part of such lands and waters inspected 
or such places, and if the shellfish thereon or therein 
are found unfit for consumption, cause a certificate 
of inspection thereof, theretofore issued, to be can- 
celed on ten days' written notice to the holder. 

3. Service of notice. Such notice shall be in 
writing and shall be served on the person to whom 
tlie certificate is issued, and may be served by de- 
livering the same to him personally or by post by 
letter addressed to the person on whom it is to be 
served at his last known place of residence, and if 
served by post shall be deemed to have been served at 
the time when the letter containing the same would 
be delivered in the ordinary course of the post. 
When the person is a corporation, notice shall be 
served by delivering the same or by sending it by 
])Ost addressed to the office or principal place of 
business of such corporation. 

4. Report. Such bacteriologist sliall immediately 
after each examination and inspection make a report 
thereof to the supervisor of the sanitary condition 
of the various shellfish grounds and other places 
and their products inspected and examined by him. 

(As amended bj- chapter 508, Laws of 1913.] 

§ 311. Duties of state commissioner of health. 
For the purpose of making such inspection, the com- 
mission may request the state commissioner of 



Conservation Law. 85 

health to designate and assign, and it shall be the 
duty of the state commissioner of health, upon such 
application, to designate and assign one or more 
sanitary inspectors who shall, under the direction 
of the supervisor of marine fisheries, visit such 
shellfish grounds and places, and examine them, 
and the shellfish found thereon or therein, and im- 
mediately report to said supervisor the result of 
such examination. 

§ 312. Record and certificate of inspection; fee; 
termination; revocation; transfer; notice of con- 
diticn of public shellfish grounds. 

1. Record and certificate of inspection. The super- 
visor shall determine from either or both of the re- 
ports mentioned, or such other inspection as he may 
order in the two preceding sections, whether such 
shellfish grounds and the product thereof are in a 
sanitary condition. He shall keep or cause to be 
kept an official record of sucli examination and in- 
spection, and shall immediately thereafter issue a 
certificate setting forth the date and the result of 
such examination and inspection to the owners, 
lessees or persons in possession of such oyster beds 
and other shellfish grounds as shall be found to be 
in good sanitary condition and the product of which 
shall be found fit for use as food. The said certifi- 
cate shall also state the name, place of residence and 
post-office address of the owner, lessee or person in 
possession of the grounds from which oysters or 



86 Conservation Law. 

other shellfisli are taken, or upon which the same 
have been planted or cultivated, and shall contain 
a brief description of the said shellfish grounds, their 
location by lot number, if possible, and the number 
of acres in each lot or parcel. 

2. Fees. The supervisor at the time of issuing 
such certificate and annually thereafter shall charge 
and receive therefor from each person to whom a 
certificate is issued a fee at the rate of twenty-five 
cents for each acre of shellfish grounds so certified 
to be in a sanitary condition except that the " free 
bay " ovster lands in the town of Brookhaven, Suff'olk 
county, shall be exempt from the tax of twenty-five 
cents per acre so long as it remains " free bay," and 
a fee of five dollars for the examination and certifi- 
cation of each place used for the water storage and 
floating of shellfish. 

3. Termination. Each certificate unless sooner re- 
voked shall be void after the first day of July next 
succeeding its issuance. 

4. Revocation. The supervisor may revoke any 
certificate as to any lot or parcel which may there- 
after become unsanitary, and a new certificate shall 
in such case be issued for the remaining lots or par- 
cels without fee. 

5. Transfer, In case any shellfish grounds or 
parcels thereof are sold or leases thereof transferred, 
a new certificate shall be issued to the purchaser or 



Conservation Laio. 87 

purchasers thereof upon application to the super- 
visor. 

6. Notice of conditions of public shellfish grounds. 

The supervisor shall, after examination and inspec- 
tion of public shellllsh grounds, give to the public, 
notice of the result of such examination and in- 
spection. Such notice shall be published in a news- 
paper published in the county and posted in three 
public and conspicuous places in the town in which 
said shellfish grounds are located. The actual ex- 
pense of making such examination and inspection 
shall be a charge upon and paid by the towns within 
which such public shellfish grounds are located and 
the fee provided for in subdivision two of this sec- 
tion shall not apply in such case. 

For the purposes of this section the term public 
shellfish grounds shall be taken to mean shellfish 
grounds owned by the state or any municipality but 
which have not been leased or otherwise granted to 
any person or private corporation. 

[As amended by chapter 508, Laws of 1913.] 

§ 313. Prohibited sale of shellfish unless sanitary 
condition be certified; certificate to be furnished. 

1. Sale of shellfish prohibited unless sanitary con- 
dition be certified. After such notice or report of 
sanitary condition as prescribed in sections three 
hundred and ten, three hundred and eleven and 
three hundred and twelve of this chapter, has been 
given, any person who shall ship, sell, cause to be 



88 Conservation Laic. 

sold, or offer or expose for sale, within this state, 
lor consumption as food, any oyster or other shell- 
fish taken from shellfish grounds or places within 
the jurisdiction of or forming part of the state of 
New York, which have not been so certified to be in 
good sanitary condition and the product of which 
has not been so certified to be fit for use as food, 
shall be guilty of a misdemeanor. 

2. Certificate to be furnished. The supervisor, at 
the request of any person interested, shall furnish 
a certificate of the result of anj^ such examination 
where the shellfish are reported as not fit for con- 
sumption. Every certificate, duly signed and 
acknowledged, of a bacteriologist or otlier expert 
employed by the commission or any analj'sis, ex- 
amination or inspection made by such bacteriologist 
or expert with respect to any matter or product 
which the commission has authority to examine, or 
cause to be examined, shall be presumptive evidence 
of the facts therein stated. 

§ 314. Taking oysters in South bay. Oysters, 
spawn or shells shall not be taken from South bay 
in Suffolk county from the public waters of this 
fetate from May thirty-first to September first, both 
inclusive; or taken between sunset and sunrise at 
any season. Oyster shells taken from the public 
waters of said bay in said county shall be returned 
to the water where taken within ten minutes after 
being taken. Blade or scraper tongs, commonly 



Conservation Law. 89 

known as dredges, used to take shellfish shall not 
he used on public lands in waters of said bay in said 
county. This section is subject to the provisions 
of section three hundred and thirty-four of this 
f.rticle. 

§ 315. Blue point oysters. No person, firm or cor- 
poration shall sell or offer for sale any oysters, or 
label or brand any package containing oysters for 
fehipment or sale, under the name of blue point 
oysters, other tlian oysters that have been planted 
and cultivated at least three months in the waters 
of Great South bay in Suffolk count5^ 

§ 316. Shellfish beds protected. Shellfish shall not 
be taken from sunset until sunrise. No person shall 
take, carry away, interfere with or disturb oysters 
or clams of another lawfully planted or cultivated, 
or remove anv stakes, buovs or boundary marks of 
a planted or cultivated bed. The possession of 
dredges, rakes or tongs overboard on any such beds 
shall be deemed prima facie evidence of a violation 
of this section. 

§ 317. Dredging and raking for shellfish. Dredges 
for taking of shellfish from public or unleased lands 
shall not be operated from any boat propelled other- 
wise than by sail or oars. 

§ 318. Scallops; size limit. Scallops shall not be 
taken or possessed, if less than one year old. 
[As amended by chapter 508, Laws of 1913.] 



90 Conservation Law. 

§ 319. Resident only to take shellfish. No person 
who has not been an actual resident of this state 
for six months immediately prior to the time of 
engaging in the taking of shellfish, shall take shell- 
fish from the public lands in or under the waters 
of this state. Nothing in tliis section shall apply 
to a person who may be employed as a deck hand, 
engineer or fireman on a boat whose captain or 
owner mav be a lawful resident. 

§ 320. Starfish to be destroyed. Starfish and 
other natural enemies of shellfish shall be destroyed 
when taken, and shall not be returned alive to the 
waters of the state. 



§ 321. Prohibited; taking of lobsters under certain 
size. Lobsters less than four and one-eighth inches 
measured on the carapace shall not be taken, pos- 
sessed or sold. No person shall at any time take 
any female lobsters in spawn or witli eggs attached, 
unless upon the written order of the state fish cul- 
turist or the supervisor. 

§ 322. Size of openings in lobster traps. All lob- 
ster traps constructed or used after the thirty-first 
day of December, nineteen hundred and fourteen, 
shall have the laths not less than one and one-half 
inches apart. The space between such laths must 
remain clear and undiminished. 



Conservation Law. 91 

§ 323. Residents only to take lobsters, except in 
certain waters. No person who has not been an 
actual resident of this state for six montlis im- 
mediately prior to the time of engaging in the tak- 
ing of lobsters, shall take lobsters from the public 
waters of the state, except that in the public 
waters of the state lying to the north and east of 
a line drawn from Gardiner's Point to Orient Point 
and thence extended in the same direction until it 
intersects with the state boundary line between 
New York and Connecticut, licenses to take lobsters 
may be issued to non-residents upon payment of the 
following fees: For boats of ten or more tons 
measurement, thirty-five dollars; for boats of five to 
ten tons measurement, twenty-five dollars; for all 
other boats, twenty dollars, except that for boats 
carrying one man only the license fee shall be fifteen 
dollars. Such boats, when so licensed, shall carry 
displayed upon them the license number, of such size 
and placed in such position upon the boat or rigging 
as may be prescribed by the commission. Such 
licenses shall not be transferable and shall be con- 
ditioned that the holder shall observe the fishery 
laws of this state, and shall at any time and with- 
out delay permit protectors and peace officers of 
this state to board such boats and inspect the cargo 
or contents. All such licenses shall expire upon the 
thirty-first day of December following the date of 
issue, and any license may be revoked at any time 
at the pleasure of the commission. 



92 Conservation Laio. 

§ 324. Licenses for vessels; non-residents; unlaw- 
ful use of food fish. 

1. There shall be a license fee of fifty dollars 
per annum for each steam vessel of fifty tons or 
over and twenty-five 4oll^rs for every other ves- 
sel engaged in fishing with nets in the tidal 
waters of the state, for the purpose of making oil 
or fertilizer from the fish product taken. The owner 
or owners, lessee or lessees, or persons operating, 
running, managing or fisliing with any such vessel, 
using the same in fishing with nets in the tidal 
v^aters of the state for the purpose of making oil 
or fertilizer from fish products taken, who shall not 
before engaging in such business procure of the 
commission such license as herein provided, shall be 
guilty of a misdemeanor and punishable by a fine 
of not less than three hundred dollars for each 
offense. 

2. Non-residents. Non-residents of the state en- 
gaged in fishing with nets in the tidal waters of 
the state for food fish shall be required to pay a 
license fee of five dollars to the state for each vessel 
used in fishing with nets in such waters. A non- 
resident using any vessel for the purpose of taking 
fish with nets from the tidal waters of the state, or 
within three nautical miles of the coast line, without 
first having obtained from the commission the neces- 
sary license or licenses as herein provided, is guilty 
of a misdemeanor and shall be liable to a penalty 



Conservation Law. 93 

of one hundred dollars, and to an additional penalty 
of twenty-five dollars for each vessel so used. 

3. Unlawful use of food fish. It shall be unlawful 
for any person, corporation, copartnership or firm 
to engage in taking food fish for the purpose of 
rendering the same into oil or fertilizer, and any 
such person, corporation, copartnership or firm tak- 
ing food fish for such purpose shall be guilty of a 
misdemeanor and punishable by a fine of not less 
than one hundred dollars for each offense. 

§ 325, Polluting waters. Sludge, acid or refuse 
from oil works, sugar houses or other manufactories, 
except refuse from the manufacture of oil from 
menhaden or other fish, sewage or any substance 
injurious to oyster culture or fish, shall not be 
placed or allowed to run into waters of the state in 
the marine district, and upon it appearing to the 
satisfaction of the supervisor tliat oyster beds or 
such waters have become polluted from one or more 
of these causes, it shall be his duty to cause com- 
plaint to be made in a criminal action against the 
person or persons so offending, and such person or 
persons so offending shall also be liable in damages 
to persons injured, in addition to the penalties here- 
inafter provided. 

§ 326. Garbage not to be thrown in certain waters. 
Garbage, cinders, ashes, oils, acids, sludge or refuse 
of any kind shall not be thrown, dumped, or per- 



94 Conservation Law. 

mittcd to run, from any vessel into any bay or 
harbor, or into Long Island sound within two miles 
of the shore west of a line drawn from Old Field 
point due north to the boundary line between New 
York and Connecticut. 

§ 327. Prohibited use of nets in inlets. Nets shall 
not be set, placed or maintained in Rockaway inlet, 
Jones' inlet, Zack's inlet or Fire Island inlet within 
an inshore radius of one-half mile of tlie mouth of 
any such inlets. The point from Avhich such 
measurement is to be taken shall be the centre of 
the channel where such channel crosses the bar at 
the mouth of said inlet. 

§ 328. Prohibited; nets in the Harlem river and 
adjacent waters. Nets other than nets used for 
catching lobsters or crabs shall not be used in the 
Harlem river, East river or Long Island sound from 
Hell Gate to the northern boundary line of the city 
of New York or in any of the bays, creeks or con- 
fluent brooks within said limit. 

§ 329. Richmond county and Raritan bay. Fish, 
except shad, in Raritan bay or waters adjacent 
thereto in Richmond county shall not be taken 
except by angling. Shad shall not be taken except 
by pounds or drifting shad nets from March fifteenth 
to June fifteenth, both inclusive. 

[As amended by chapter 54, Laws of 1913.] 



Conservation Law. 95 

§ 330. Jamaica bay and adjacent waters. Nets 
shall not be set, placed or maintained in the arm 
of the sea between Rockaway point and Coney Island 
or any waters northerly of a line drawn from the 
extreme westerly point of Rockaway point on the 
south side to the municipal bath houses on Coney 
Island, including Jamaica, Flatlands, Grassej^ and 
Sheepshead bays and all other bays and inlets in 
or making out from said arm of the sea. The inlets 
from the ocean to said bays shall not be obstructed 
by any device so as to prevent the passage of fish 
at any time, provided that nets may be used from 
October tenth to December thirty-first in that part 
of said waters Ij'ing southerly of Barren island and 
toward the sea from a line drawn from the most 
southerly point of Barren island to the northeasterly 
point of Rockaway point and a line drawn from the 
most westerly point on Barren island to the most 
easterly point of Coney Island. Refuse and debris 
may be taken with nets having meshes with not 
less than a six-inch bar. Minnows or shrimp for 
bait may be taken by hand nets not more than 
forty feet long and four feet deep. Eels may be 
taken with a spear or eel weir. 

§ 331. Size of mesh in Coney Island creek. The 
mesh of -nets used in Coney Island creek, or within 
one-half mile of the mouth thereof in Gravesend 
bay, shall not be less than four inches square. Eel 
and flounder hoop nets may be used from October 



96 Conservation Law. 

fifteenth to March thirty-first, both inclusive, pro- 
vided there be in said creek at low tide a passage 
unobstructed by nets not less than ten feet wide 
for the passage of boats and fish, and provided that 
all stakes used in connection with said nets shall 
show plainly above the water at high tide. 

§ 332. Rockaway bay, Jones' inlet and adjacent 
waters. Nets shall not be used in Jones' inlet inside 
of the first spar buoy or inside of a line drawn three- 
quarters of a mile easterly and westerly from said 
buoy or in any of the following creeks, runs or M'ater 
running into or tributary to Jones' inlet, namely: 
Long creek, below the sharp point of the marsh; 
Sea Dog creek, below a line drawn northerly and 
southerly from the easterly end of Elder island; 
Shell creek, below the point of the gunning lead; 
Swift creek, below the upper point of Swift creek on 
the easterly side thereof; Haunt's creek, below a line 
drawn fioni the upper side of Haunt's creek point 
and Old Ben's point. 

[As amended by chapter 508, Laws of 1913.] 

§ 333. Recording and fees. All franchises, grants 
and leases of lands for shellfish culture, and assign- 
ments thereof, shall be recorded in the ofiice of the 
supervisor, and all records thereof, theretofore or 
hereafter made, in such office or in any public office, 
and copies of such records when duly certified by the 
officer having the custody thereof, shall be admitted 
in evidence in any action or proceeding, civil or 



Conservation Law. 97 

criminal, in which they are material. Fees shall be 
paid to the state and collected by the supervisor as 
follows, to wit, for the filing of each application for 
a grant or lease of land under water, twenty-five 
cents; for recording each instrument of lease, grant 
or assignment, one dollar; for each copy of any 
record of said office furnished, ten cents a folio; for 
each relocation survey, seven dollars per day for 
the time occupied, together with the actual travel- 
ing expenses of the surveyor. Any person requiring 
an original or relocation survey shall furnish a 
vessel at the place where such survey is to be made, 
and the necessary assistance to do the work, at his 
own expense. 

§ 334. Supervisors of Nassau and Suffolk counties. 
The board of supervisors of the counties of Nassau 
and Suffolk may respectively pass laws not incon- 
sistent with the provisions of this article regulating 
and controlling the taking of fish, and shellfish in 
arms of the sea and fish bait from public lands of 
such counties, and prescribe what violations thereof 
shall be punishable as misdemeanors and impose pen- 
alties, the same to be enforced under the provisions 
of article three of this chapter. 

§ 355.* Penalties. Except as otherwise provided 

in part X, a person who violates any provision of 

any section thereof or any rule or regulation 

of the commission prescribed thereunder shall be 

4 ♦ So in original. 



9b Conservation Law. 

guilty of a misdemeanor and shall be punishable 
by a fine of not less than fifty dollars nor more than 
one hundred dollars or by imprisonment in a county 
jail or penitentiary for not less than one day for each 
dollar of such fine or by both such fine and imprison- 
ment and in addition shall be liable to a penalty of 
fifty dollars. 

[As amended by chapter 508, Laws of 1913.] 

PART XI. 
Private Parks. 
Section 360. Laying out private parks. 

361. Notices in private parks. 

362. Protection of private lands not parks. 

364. Signs not to be defaced. 

365. Fish and game protected. 

366. Penalties. 

§ 360. Laying out private parks. A private park 
for the propagation and protection of fish, birds or 
quadrupeds may be establis'hed by the OAvner or per- 
son having the exclusive right to hunt or fish on 
private land or land and water, by publishing once 
a week for not less than four weeks in a newspaper 
printed in the county where such land or land and 
water are situated, a notice substantially describing 
the same and stating that it will be used as a private 
park to propagate and protect fish, birds or quadru- 
peds. Part of a private lake or pond may be laid out 
in a private park, if all riparian owners, including 
owners of the bed thereof, consent thereto in writing. 



Conservation Law. 99 

If the state of New York be such owner such consent 
may be given by the commission. But waters stocked 
with fish by the state at any time after April seven- 
teenth, eighteen hundred and ninety-six, shall not be 
laid out in any such park. If waters or lands are 
hereafter stocked by the state with fish or game 
with the consent of the owner, the provisions of 
part XI shall no longer apply thereto. 

[As amended by chapter 508, Laws of 1913.] 

§ 361. Notices in private parks. Notices or sign- 
"boards not less than one foot square warning all 
persons against hunting or fishing or trespassing 
thereon for that purj)0se, shall be conspicuously 
posted and maintained on a private park not more 
than forty rods apart close to and along the entire 
boundary thereof, and there shall be so placed at 
least one notice or signboard on each side and one 
at each corner of such park and where an outer 
boundary runs along or under any waters, the 
nearest shore or banks within the park shall be 
deemed the boundary for the purpose of posting 
such notices or signboards. It shall also be con- 
sidered due service of notice for trepass upon any 
person or persons, by serving them personally in 
the name of the owner or owners of such private 
park with a written notice containing a brief de- 
scription of the premises, warning all persons 
against hunting or fishing or trespassing thereon. 

TAs amended by chapter 508, Laws of 1913, and chap- 
ter 746, Laws of 1913. J 



100 Conserva tion Law. 

§ 362. Protection of private lands not parks. An 

owner or person having the exclusive riglit to hunt 

or fibli upon inclosed or cultivated lands, or to 

take fish in a private pond or stream and desiring 

to protect the same, shall maintain notices or 

signboards, of the size and posted and maintained 

in the manner described in the preceding section. 

fAs amended bv chapter 50S. Laws of 1013.1 

[§ 363 repealed by chapter 508, Laws of 1913.] 

§ 364. Signs not to be defaced. No person shall 
injure, deface, or remove, a notice or signboard, 
placed or maintained pursuant to the provisions of 
this article. 

[As amended by chapter 508, Laws of 1913.] 

§ 365. Fish and game protected. No person shall 
take or disturb fish, birds or quadrupeds on any 
private park or private lands or trespass thereon 
for that purpose, after notices are posted as pre- 
scribed herein. 

[As amended by chapter 508, Laws of 1913.] 

§ 366. Penalties. A person who violates any pro- 
vision of part XI shall be guilty of a misdemeanor, 
and shall be liable to exemplary damages in the sum 
of twenty-five dollars for each offense or trespass 
to be recovered by the owner of the lands, or hunt- 
ing and fishing rights thereon, with costs of suit, 
in addition to the actual damages, all of which 
may be recovered in the same action. The consent 



Conservation Law. 101 

in writing of such owner to hunt or fish on said 
lands during the open season shall be a defense to 
a prosecution under this section. 

[As amended by chapter 508, Laws of 1913.] 

PART XII. 

Breeding, Importation and Sale of Fish and Game 

Section 370. Lake trout and other fish; transpor- 
tation of; sale during close season. 
371. Sale of trout raised in private hatch- 
eries. 

372. Breeding of elk, deer, pheasants, and 

ducks, et cetera. 

373. Certain mammals and birds may be 

imported from without the United 
States and sold. 

374. Fees. 

375. Storage of fish. 

376. Penalties. 

§ 370. Lake trout and other fish; transportation 
of; sale during close season. Fish that may be 
lawfully sold under the provisions of this article, 
if lawfully taken in another state or country, may 
be transported into this state and possessed during 
the open season prescribed by this article. Pro- 
vided, however, that no person shall transport into 
this state, or possess, any fish caught in that 
portion of Lake Champlain or its tributaries known 
as Missisquoi bay, lying and being in the province 



102 Conservation Law. 

of Quebec, or the Richelieu river, which is the 
outlet of said lake, at any time. Durin<T the close 
season therefor any person may buy, possess and sell 
lake trout, whitefish, pickerel, pike, pike perch, short- 
nosed sturgeon and striped bass taken without the 
state, provided, however, such person shall keep a 
book of record in which he shall enter the name, 
residence and post-office address of every person 
from whom he shall buy, sell to or ship such fish and 
at all times shall permit the commission, or any 
member or officer thereof to make a full exam- 
ination of his books and papers relating to the 
purchase and sale of fish, and when required by 
the commission, furnish the original invoice or in- 
voices, freight or express receipts used in the 
transportation thereof. 

[As amended by chapter 508, Laws of 1913.] 

§ 371. Sale of trout raised in private hatcheries. 
Any person desiring to engage in the business of 
propagating and selling trout raised in a private 
hatchery may make application in writing to the 
commission for a permit so to do. The commission, 
when it appears that such application is made in 
good faith, shall issue to such applicant a hatchery 
permit to propagate, raise and sell trout during the 
entire calendar year, provided, however, that before 
any trout shall be transported, sold or offered for 
sale, the same shall be duly tagged under regulations 
prescribed by the commission. Upon obtaining a 



Conservation Lata. 103 

like permit, trout raised in a private hatchery with- 
out the state, may be possessed and sold within this 
state, provided the same shall be tagged as pre- 
scribed under rules and regulations of the commis- 
Bion. 

§ 372. Breeding of elk, deer, pheasants and ducks; 
license; manner of killing; tagging; transportation; 
sale; reports; fencing; revocation of license. 

1. License. Any person desiring to engage in the 
business of raising and selling domesticated Ameri- 
can elk, white-tailed deer, European red deer and 
fallow deer, roebuck, pheasants, mallard ducks and 
black ducks, or any of them, in a wholly enclosed 
preserve, or entire island, of which he is the owner 
or lessee, may make application in writing to the 
commission for a license so to do. The commission, 
when it shall appear that such application is made in 
good faith, shall, upon the payment of a fee of five 
dollars, issue to such applicant a breeder's license 
permitting such applicant to breed and raise domes- 
ticated American elk, whitetailed deer, European 
red deer and fallow deer, roebuck, pheasants, mallard 
ducks and black ducks, or any of them, on such 
preserve or entire island, and to sell the same alive 
at any time for breeding or stocking purposes and 
to kill and transport the same and sell the car- 
casses thereof for food as hereinafter provided. Such 
license shall expire on the last day of December in 
each year at midnight. 



104 Conservation Law. 

2. Manner of killing. Any person to whom such 
a license shall have been issued may kill such elk, 
deer, pheasants or ducks in the manner and at the 
time herein set forth, as follows : Elk or deer may be 
killed by shooting, or otherwise, between the first 
day of October and the first day of March, both 
inclusive. Pheasants may be killed by shooting, 
or otherwise, between the first day of October and 
the thirty-first day of January, both inclusive. Mal- 
lard ducks and black ducks may be killed by shooting 
or otherwise than by shooting, from the first day 
of October to the tenth day of January, both in- 
clusive, but if said ducks are killed by shooting 
they shall not be bought, sold or trafficked in. Any 
person may possess or sell such elk, deer, pheasants 
or ducks for food as hereinafter set forth. A 
breeder of pheasants under a license, as herein pro- 
vided, may, during the month of February, kill by 
shooting his surplus cock pheasants, provided he 
shall first obtain a license from the commission 
&o to do. 

3. Tagging. Ko elk. deer, pheasants or ducks, 
killed as aforesaid and intended for sale, shall be 
shipped, transported, sold or oflfered for sale, imless 
each quarter and each loin of each carcass of such 
elk or deer, and each pheasant or duck shall have 
been tagged under the supervision of the commis- 
sion with an indestructible tag or seal, which shall 
be supplied by the commission. The quarters and 



Conservation Law. 105 

loins of the carcass o^ such elk or deer, and the 
carcasses of such pheasants or ducks, when tagged 
as aforesaid, may be possessed, sold or offered 
for sale between October first and March first, both 
inclusive. Every game protector or person desig- 
nated by whom such elk, deer, pheasant or ducks 
shall have been tagged, shall, within five days 
thereafter, make and file with the commission a 
written report thereof, said tags or seals shall 
remain affixed as aforesaid until the quarters or 
loins of such elk or deer, or the carcasses of such 
pheasants or ducks shall have been wholly con- 
sumed, and the sale of a quarter, loin, or any larger 
portion of any such elk or deer, or the carcass of 
any sucli pheasant or duck, which shall not at the 
time have affixed thereto the tag or seal aforesaid, 
shall constitute a violation of this section, provided, 
however, that the keeper of a hotel, a restaiu'ant, 
a boarding house or a retail dealer in meat or a 
club, may sell portions of a quarter or loin of 
any such elk or deer, or of the carcass of any such 
pheasants or ducks so tagged or sealed as aforesaid, 
to a patron or customer for actual consumption, 
and no license shall be required of such person or 
club. 

[As amended by chapter 508, Laws of 1913.] 
4. Transportation. Common carriers may receive 
and transport during the open season therefor car- 
casses, or parts thereof, of elk, deer, pheasants or 
ducks tagged as aforesaid, but to every package con- 



106 Conservation Law. 

taining such carcasses, or parts thereof, shall be 
affixed a tag or label, upon which shall be plainly 
printed or written the name of the person to whom 
such license was issued and by whom such elk, deer, 
pheasants or ducks were killed, the name or names 
of the person or persons to whom such elk, deer, 
pheasants or dvicks are to be transported; the 
name of the game protector or other person by 
whom such elk, deer, pheasants or ducks were 
tagged; the number of carcasses or portions thereof 
contained therein, and that the elk, deer, pheasants 
or ducks were killed and tagged in accordance with 
the provisions of this section. 

5. Sale. No person shall sell or offer for sale any 
venison or birds killed and tagged as aforesaid with- 
out first obtaining a license so to do from the com- 
mission, upon such terms and conditions as the com- 
mission may prescribe, and any such license may be 
revoked at the pleasure of the commission. The 
said tags or seals shall remain affixed as aforesaid 
until the quarters or loins of such elk or deer, or 
the carcasses of such pheasants or ducks shall have 
been wholly consumed, and the sale of a quarter, 
loin, or any larger portion of any such elk or deer, or 
the carcass of any such pheasant or duck, which 
shall not at the time have affixed thereto the tag or 
seal aforesaid, shall constitute a violation of this 
section, provided, however, that the keeper of a hotel, 
a restaurant, a boarding house or a retail dealer in 
meat or a club, may sell portions of a quarter or 



Conservation Law. 107 

loin of any such elk or deer, or of the carcass of 
any such pheasants or ducks so tagged or sealed as 
aforesaid, to a patron or customer for actual con- 
sumption, and no license shall be required of such 
person or club. 

6. Reports. On or before the fifteenth day of 
April of each year every person, to whom a license 
shall have been issued as aforesaid, shall make a 
report to the commission covering the period from 
the first day of October to the first day of March 
preceding, which said report shall state the total 
number of elk, deer, pheasants, mallard and black 
ducks killed, sold or transported, as permitted by 
the provisions of this section, during said period. 

Such reports shall set forth the name of the 
person to whom such elk, deer, pheasants or ducks 
were sold or transported; the name of the game 
protector or person designated in whose presence 
such elk, deer, pheasants or ducks were tagged, and 
such reports shall be verified by the affidavit of the 
person to whom such license was issued, or if the 
license was issued to a corporation, then by an officer 
thereof. 

7. Deer preserves to be fenced. A preserve used 
for the breeding of elk or deer, pursuant to this sec- 
tion, shall be surrounded bv a fence of wire or other 
material of a pattern to be approved by the com- 
mission of a height not less than seven feet. 

8. Revocation of Ucense. If any person to whom 
any such license shall have been issued shall be con- 



108 Conservation Law. 

victed of a violation of the conservation law in rela- 
tion to fish and game, the commission may revoke 
the license of such person, .and thereafter no similar 
license shall be issued to such person. 

[As amended by chapter 508, Laws of 1913.] 

§ 373. Certain mammals and birds may be im- 
ported from without the United States and sold. 
The unplucked carcasses of pheasants of all species, 
Scotch grouse, European black-game, European 
black ,plover, European red-legged partridge, Egyp- 
tian quail, and the carcasses of European red deer, 
fallow deer, roebuck -and reindeer may be imported 
into this state from without the United States and 
sold therein at any time, provided, nevertheless, that 
immediately upon their importation and before they 
shall have been sold by the importer, there shall 
be affixed to each bird and to each quarter and each 
loin of each deer a tag or seal in the manner pro- 
vided by section three hundred and seventy-two. The 
said tags or seals shall remain, as aforesaid, until 
the quarters and loin of such deer, and each bird to 
which it shall be affixed shall have been consumed, 
and the sale of any quarter, loin or larger portion of 
such deer, or of any portion of such bird which shall 
not at the time have affixed to it the tag or seal 
aforesaid shall constitute a violation of this section. 
Provided, nevertheless, that the keeper of a hotel, 
a restaurant, a boarding house or a retail dealer in 
meat or a club may sell portions of a quarter or loin 
of any such deer so tagged, or portions of any birds 



Conservation Law. 105* 

so tagged to a guest, customer or member for con- 
sumption. Xo dealer other than the keeper of a 
hotel, a restaurant, a boarding house or a retail 
dealer in meat or a club shall sell or offer for sale 
any such game imported and tagged as aforesaid 
without first obtaining a license so to do from the 
commission upon such terms and conditions as the 
commission may prescribe. Such license shall ex- 
pire on the last day of December in each year at mid- 
night unless sooner revoked by the commission. 
{As amended by chapter 50S, Laws oP 1913.] 

§ 374. Fees. The commission shall be entitled to 
receive and collect for each tag or seal affixed to 
the carcass of any animal or bird, as provided by 
sections three hundred and seventy-two and three 
hundred and seventy-three, the sum of five cents 
and the sum of three cents for each tag or seal 
affixed to each trout as provided by section three 
hundred and seventy-one hereof. 

§ 375. Storage of fish. Any dealer in fish, duly 
licensed as herein provided, may hold during the 
close season, in a store house to be designated by 
the commission, such part of his stock of fish as 
he has on hand undisposed of at the beginning of 
the close season. Such dealer shall give a bond to 
the people of the state conditioned that he will not, 
during the close season ensuing, sell, use, give 
away, or otherwise dispose of any fish which he is 
permitted to possess during the close season; that 



110 Conservation Laio. 

he will not in any way, during the time when such 
bond is in force, violate any provision of this ar- 
ticle; the bond may also contain such other pro- 
visions as to the inspection of the fish possessed, as 
the commission shall require, and shall be subject 
to the approval of the commission as to amount and 
form thereof, and the sufficiency of the sureties. 
But no presumption that any fish is lawfully pos- 
sessed under the provisions of this section shall 
arise until it affirmatively appears that the pro- 
visions thereof have been complied with. 

§ 376. Penalties. A person who violates or fails 
to perform any duty imposed by any of the pro- 
visions of part XII shall be guilty of a misdemeanor, 
and liable to a penalty of sixty dollars and an addi- 
tional penalty of twenty-five dollars for each fish, 
bird, or quadruped or part of fish, bird or quadruped 
bought, sold, offered for sale, taken, possessed, trans- 
ported or had is possession for transportation in 
violation thereof. 

[As amended by chapter 508, Laws of 1913.] 

PART XIII 
Definitions and Construction 
Section 380. Definitions. 

3'81. Application of article. 

382. Construction. 

383. Repeal. 

384. Time of taking efi'ect. 

§ 380. Definitions. The following words and 
phrases used in this article are defined as follows: 



Conservation Law. Ill 

1. " Commission " is synonymous with conserva- 
tion commission. 

2. Gender and number shall be disregarded in 
construing this article whenever it is necessary to 
carry out the spirit thereof. 

3. " Person " includes a copartnership, joint-stock 
company or corporation. 

4. " Open season " is the time during which fish, 
fowl, birds and quadrupeds may be taken. If in 
accordance with the provisions of this article the 
open season commences or ends on Sunday, it shall 
be deemed to commence or end as the case may be 
on the Saturday immediately preceding such Sunday. 

5. *' Close season " is the time during which fish, 
fowl, birds and quadrupeds cannot be taken. 

6. " Fish." Fish includes " fish protected by law,'" 
" fish protected by this article," and " food-fish." 
Whenever the w^ords " fish protected by law " or 
" fish protected by this article " are used, reference 
is had only to fish for which a closed season or 
size limit is provided. Whenever the words " food- 
fish " are used, reference is had to all species of 
edible fish. 

7. " Game " includes wild game, game protected by 
law, domestic game and imported game. 

[As amended by chapter 508, Laws of 1913.] 
8 " Wild game " and " game protected by law 
include all game birds as defined and mentioned in 
section two hundred and ten, and all quadrupeds for 
which a close season is provided. 

[As amended by chapter 508, Laws of 1913.] 



>r 



112 Conservation Law. 

9. " Domestic game " includes quadrupeds and 
birds mentioned in section three hundred seventy- 
two. 

10. " Imported game " includes quadrupeds and 
birds mentioned in section three hundred seventy- 
three. 

11. "Wild deer" includes all deer not lawfully 
held in private ownership in a preserve wholly en- 
closed by a fence, as provided by section three hun- 
dred seventy-two hereof. 

12. " Grouse " includes ruffed grouse, partridge 
and every member of the grouse family. 

13. " Trout " includes speckled trout, brown trout, 
rainbow trout, red-throat trout and brook trout. 

14. " Lake trout " for the purposes of this article 
includes landlocked salmon and ouananische. 

15. " Black bass " includes Oswego bass. 

16. " Pickerel " and " pike " include the great 
northern pike, commonly called pickerel, pond pick- 
erel, chain pickerel, grass pickerel and banded 
pickerel. 

17. " Pikeperch " includes walleyed pike, commonly 
called pike, and yellow pike. 

r Re-enacted without change, chapter 508, Laws of 
1913.] 

18. "Shell fish" includes oysters, scallops and all 
kinds of clams. 

19. " Pheasants " includes Hungarian dark-necked 
pheasant, ring-necked, commonly called English, 
Mongolian or Chinese pheasant. 

20. "Angling " means taking fish by hook and line 



Conservation Law. 113 

in hand or rod in hand; or if from a boat not ex- 
ceeding two lines with or without rod to one person. 

21. "Hooking" is defined to mean taking or at- 
tempting to take fish not attracted by bait or arti- 
ficial lure, by snatching with hooks, whether baited 
or unbaited, gangs or similar devices. 

22. " Plumage " includes any part of the feathers, 
head, wings or tail of any bird, and wherever the 
word occurs in this article reference is had to 
plumage of birds coming from without the state 
as well as to that obtained within the state, but 
it shall not be construed to apply to the feathers of 
birds of paradise, ostriches, domestic fowl or domes- 
tic pigeons. 

23. Where lands are referred to as " enclosed " or 
" wholly enclosed " the boundary may be indicated 
by wire, ditch, hedge, fence, road, highway, water 
or by any visible or distinctive manner which indi- 
cates a separation from the surrounding contiguous 
territory, except as otherwise provided. 

24. " Inhabited " means a permanent occupancy 
by a species as contrasted with a temporary presence 
of an occasional individual. 

25. "Nets" includes seines, gill nets, pound nets, 
trap nets, scap nets, fyke nets, dip nets, scoop nets 
and stake nets. 

26. " Taking " includes pursuing, shooting, hunt- 
ing, killing, capturing, trapping, snaring and netting 
fish and game, and all lesser acts such as disturb- 
ing, harrying or worrying, or placing, setting, draw- 



114 Conscri-'ation Laic. 

ing or using any net or other device commonly used 
to take fish and game, whether they result in taking 
or not; and includes every attempt to take and 
every act of assistance to any other person in taking 
or attempting to take fish or game. A person who 
counsels, aids or assists in a violation of any of the 
provisions of this article, or knowingly shares in 
any of the proceeds of said violation by receiving 
or possessing either fish, birds or game shall be 
deemed to have incurred the penalties provided in 
this article against the person guilty of such viola- 
tion. Whenever taking is allowed by law, reference 
is had to taking by lawful means and in lawful 
manner. 

§ 381. Application of article. In all cases where 
possession, purchase or sale of fish or game or of 
the flesh of any quadruped, bird or fish is unlawful, 
possession, purchase or sale of the same species of 
fisli or game or of the flesh of the same species of 
quadruped, bird or fish coming from or taken without 
the state, shall be deemed to be and is, except as 
otherwise expressly provided herein, unlawful. 

[As amended by chapter 508, Laws of 1018.] 

§ 382. Construction. This article is intended to be 
a restatement of existing law with such changes as 
clearly appear. The term of office of the present 
employees of the commission in the division of fish 
and game shall not be affected, except as herein 
specifically provided. Nothing in this article shall 



Conservation Law. 



115 



be construed as amending or repealing any pro- 
visions of the code of criminal procedure nor of the 
penal law. 

[As amended by chapter 508. Laws of 1013.] 



ADDITIONAL PROTECTION PERIODS IN CER- 
TAIN LOCALITIES 

Orders now effective made by the Commission under Sec. 152. 
During the periods stated and in the localities named, all taking, 
is prohibited as to the species named. 



Species. 


County. 


Period. 


Expires. 


Varying hares 

Pheasants 


Fulton 

Herkimer 

Otsego 


Jan. 15 to 
Jan. 31. . . 
Two years. . 
. . . .do. . . 


No date. 
No date. 
Oct 1. 1914 


do 


do 


do 


Delaware 

Chenango. . . . 
Oneida 


do 

do 

. . do . 


do 


do 


do 


do 


do 


do 


Montgomery. , 
Lewis 


....do 

do 


do 


do 


do 


do 


Madison 


do 


do 


do 


Washington. . . 
Warren ... 


....do 

. . do. . . . 


do 


do 


do 


do 


Schenectady . . 
St. Lawrence . . 
Franklin 


....do 

....do 

...do 


do 


do 


do 


do 


do 


do 


Fulton . 


do 


do 


do 


Jefferson .... 


..do 


do 


do 


Clinton 


....do 


do 


do 


Essex . 


do.. 


do 


Ruffed grouse 


CJenesee 


...do 


do 


Cotton tail rabbits. . . 
Pheasants 


Richmond. . . . 

Allegany 

Cattaraugus. . 

Chautauqua. . 

Lake Erie and 

Niagara river. 


Oct. 1 to 

Nov. 14. . 

Two years. . 

••■•do 

. . . .do 

June 16 to 
June 30. . 


No date 
Oct. 1. 1915 


do 


do 


do 


do 


Black baas 






No date 



RULES AND REGULATIONS 



Relating to: 
I. Nets, set and trap lines, eel weirs and eel pots. 
II. Taking minnows for bait. 

III. Buying and selling trout artificially propagated. 

IV. Propagation and sale of skunks. 
V. Possession of venison. 

(Adopted by the Conservation Commiasion on the 10th day of 
December 1912, to take effect January 1, 1913.] 

I. 

NETS, SET AND TRAP LINES, EEL WEIRS AND 

EEL POTS. 

y . 1. No nets of any kind shall be set 

reauired ^^ used for the taking of fish in 
Lake Erie or Lake Ontario or the in- 
land waters of the State, or in the Hudson River 
south of Verplanck's Point, for the taking of fish 
other than migratory food fish of the sea, without 
a license so to do granted by the Conservation Com- 
mission. 

Food fish ^^' ^^^^ fis^' other than migratory 

manner of food fish of the sea within the limits 

taking. of the marine district, shall not be 

taken by any person in any manner other than by 

[1161 



Rules and Regulations. 117 

angling or in the manner expressly permitted by a 
license or permit duly issued by the Commission. 

2. No license shall be granted ex- 
PP cept upon written application made 

^ * upon blanks to be furnished by the 
Commission and signed and sworn to by the ap- 
plicant. 

All applications for licenses must be endorsed by 
two responsible persons. 

The application shall specify the size of the bar 
and the kind and size of the net to be used together 
with the length of the wings and leaders. 

The Commission shall determine and fix the size 

of nets and the length of the wings or leaders to 
be used. 

The Commission may refuse to grant a license to 
any person for any reason which to it may seem 
sufficient. 

Each application shall be accompanied by a satis- 
factory bond signed by the applicant and two suf- 
ficient sureties in an aggregate penal sum equal to 
one hundred dollars for each net specified in the 
license but not exceeding three hundred dollars; 
each application for a boat license shall be ac- 
companied by such a bond in the penal sum of 
five hundred dollars. 

Failure to return to the Commission at the ex- 
piration of a license, tags issued by it, or to make 
the report required by rule twelve hereof is sufficient 
cause for denying an application for a license. 



118 Rules and Regulations. 

License 3. All licenses for nets shall be 

subject to granted pursuant and subject to these 
rules. rules and regulations. 

4. Only such nets, to the number 
Kind of nets and of the size of the bar, with lead- 
to be used and ers and wings, of the length men- 
duration of tioned, shall be used as are specified 

license. in the license; the license shall specify 
the kind of nets to be used and the 
duration of the license; licenses shall be granted 
for no longer than one year; all licenses granted 
during the year will expire on the thirty-first day 
of December following, unless an earlier date is 
specified; nets shall be used only during i.nd at the 
times specified in the license. 

5. The Conuuission may revoke any 
' license granted hereunder at any time 

for any reason which to the Commission may seem 
sufficient. 

6. A license issued pursuant to 
these rules is not transferable and 

jpj-Q Kip 

if a licensed net be used by any per- 
son other than the licensee or a person in his employ, 
Ci* under his immediate supervision, it shall be 
deemed forfeited, revoked and cancelled. 

7. Nets sliall be set or used only 

in the waters mentioned in the 

nets re™ 

license; the setting and hauling of 

stricted 

all nets in those waters shall at all 

times be under the direct supervision and control of 



Rules and Regulations. 119 

the Conservation Commission or person designated 
by it, who shall have the power to designate the 
location of all nets; such location once fixed shall 
not be changed without the written authority of 
said Commission or person. 

No net licensed under a seine license shall be 

staked, anchored or otherwise fastened while in 

the water unless specifically permitted in the license. 

. /; 8' The Commission shall issue witli 

^^ ^ each licensed net a tag upon which 

nets 

shall be stamped a number corre- 
sponding with the number or numbers on the license. 
Such tag must be attached to the net when in use 
in such manner that it will be on the top of or 
above the water and in plain sight at all times. 

... 9. The owner of each licensed boat 

Exhibition of ^^ j^^j,^ ^.^..^ ^^ ^^^^ Ontario shall 

license 

at all times have his license in plain 

sight, aboard said boat. Each licensee must exhibit 
his license when requested by any game protector 
or by any peace officer of this State or by any per- 
son designated by the Commission. 

10. The bar of all nets used under 
Mesh of nets, any license, except to take minnows 
for bait, shall be as follows: 
Nets for taking lake trout and whitefish, not 
less than 2%-inch bar; 

Nets for taking Otsego whitefish in Otsego Lake, 
not less than l^^-inch bar; 



120 Rules and Regulations. 

Nets for taking fisli, other than lake trout and 
whitefish, not less than li/^-inch bar; 

Nets for taking short-nosed sturgeon, not less 
tlian 2^ -inch bar; 

Nets for taking other sturgeon, not less than 
6-inch bar. 

11. Fish not allowed to be taken 

under the license shall be carefully 

Disposal of fish ^j.-^jj^n^d and immediatelv returned 

unintentionally ^^ ^j^^ ^^.^^^^^.. ^^^^ ^^,^^r^^ ^^^, ^^ 

taken or under- ^^^^^^^ .^ ^^^^^^^^ ^j^^ ^.^^ j.^^.^ ^^^ 

sized fish taken , , ■ ■^^ ^ j. i, j- j 

taken in gill nets, must be disposed 

in giU nets. , -i i • 4.- i— <; 4.1 

of as provided in section lu of the 

Conservation Law. 

_, . 12. Every person holding a license 

Reports. , „ , - ^ . . x 4., 

shall make an annual report to tlie 

Commission of the number, weight and species of 

fish caught and the value of same, and return the 

tags issued to him with the license. 

13. An applicant shall, at the 

License fees. time of tiling his application for a 

license, pay to the Commission a 

license fee as provided in the following schedule: 

Net Schedule 

For each minnow net, per lineal foot $0.10 

For each scoop, dip or scap net 10x10 feet 

square and under 1.00 

For each scoop, dip or scap net over 10x10 feet 

square 2.00 



Rules and Regulations. 121 

For each fyke net 3 foot hoop and under. . . . $2.00 

For each fyke net 5 foot hoop and over 3 feet. 3.00 

lor each fyke net over 5 foot hoop 5.00 

For each 4 foot trap net and under 3.00 

For each 6 foot trap net and over 4 feet 6.00 

For each 8 foot trap net and over 6 feet 7.00 

For each trap net larger tlian 8 feet 10.00 

For each machine trap in the Niagara River. . 20.00 
For each seine or gill net used only for taking 

fish not protected by law, per lineal foot.. .15 
For each seine or gill net used only for taking 

fish protected by law, 2 cents per lineal foot. 

No license issued for less than $o,00 and the 

maximum fee for such licenses will be 15.00 

For each sturgeon line 1.00 

For each set-line 500 feet in length, 300 hooks 

to each line 1.00 

For each eel pot 3.00 

For each eel weir and trap attached thereto.. 20.00 

For each stake net per 100 lineal feet 3.00 



In the waters of Lake Erie and Lake Ontario the 
following fees shall apply; outside of the mile and 
half mile limit as provided in section 276 of the 
Conservation Law : 

For each fyke net $10.00 

For each trap net 15.00 

For each row or sail boat used in fishing gill 
nets 10.00 



122 Rules and Regulations. 

For each boat of any other kind under 10 tons 

gross tonnage so used $20.00 

For each boat of any other kind from 10 to 

15 tons gross tonnage so used 25.00 

For each boat of any other kind from 15 to 

20 ton gross tonnage so used 30.00 

For each boat of any other kind over 20 tons 

gross tonnage so used $1.50 per ton. 



14 Eel pots must not be more than 
Size of eel g ^^^^ Yong, nor more than 12 inches 

P^ • square, if square in form. The aper- 

ture or mouth of any eel pot shall be not more than 
1% inches in its greatest diameter. There shall 
be no fixtures or wings of any kind attached to 
or used in connection with eel pots. 

15. For the purposes of these rules 

^ , an eel weir shall consist of not to 

exceed two M'ings or leaders fastened 

to an eel trap; no eel trap shall have attached 

thereto more than one weir; the length of each weir 

shall be determined by the Commission or person 

designated by it; and the use of weirs of a greater 

length than that specified in the license is prohibited. 

16. Eel weirs and eel pots shall not be constructed, 

set or used in any manner so as to unduly obstruct 

the natural flow of water or interfere with the free 

passage of boats. The use of eel weirs, the laths 

of which are less than 1 inch apart, is prohibited. 



Rules and Regulations. 123 

Each eel weir or eel pot shall have attached thereto 
a tag, issued by the Commission, upon which shall 
be stamped a number corresponding with the number 
on the license. All fish, except eels, taken in an 
eel weir or an eel pot, must be immediately returned 
to the water. 

17. Bait lines or trap lines to take 
Bait or trap sturgeon shall not exceed 1,200 feet 
lines to take in length and the bait lines shall use 

sturgeon. Number 8-0 hooks and be anchored 
on the bottom; trap lines shall use 
Number 10-0 hooks and be anchored not over three 
feet from the bottom. Each bait line or trap line 
shall have attached to one end thereof a buoy which 
fchall be above water and in plain sight at all times; 
each buoy shall have attached thereto a tag, issued 
by the Commission, upon which shall be stamped 
a number corresponding with the number on the 
license. 

18. Set lines other than sturgeon 
Set lines. ..^^^^g g^^^jj ^^^ ^^ ^^^^ ^^^^ ^qq ^^^^ 

in length nor contain more than 300 hooks; one end 
shall be attached to the shore and the other end 
thereof shall be anchored to the bottom; it shall 
not be lawful for one person to own or operate more 
than one such line; notliing but dead bait shall be 
used and no minnows, either dead or alive, shall 
be used for bait; no fish other than the kind men- 
tioned in section 254 of the Conservation Law shall 
be taken with such lines. 



124 Rules and Regulations. 

II. 

TAKING MINNOWS FOR BAIT FOR SALE. 

19. Each application for a license 

to take minnows for bait for sale 

shall be accompanied by a satisfactory bond in the 

penal sum of two hundred dollars, signed by the 

applicant and two sufficient sureties. 

20. Black bass, maskalonge, white fish, pickerel, 

pike, pike-perch, lake trout, striped bass, perch and 

bullheads, taken in a net used to take minnows for 

bait shall be immediately returned to the water 

uninjured. 

No net more than twenty-five feet long shall be 
used for taking minnows for the owner's personal 
use. 

III. 

BUYING AND SELLING TROUT ARTIFICIALLY 

PROPAGATED. 



Lease of 

tagging 

device 

and rental. 



21. The Commission will lease to 
each applicant to whom a permit is 
issued to engage in the business of 
propagating and selling trout raised 
in a private hatchery, a device to be 
used in tagging the trout. No device other than the 
one so furnished shall be used for this purpose. Each 
applicant shall pay to the Commission as and for 
rental of said machine for the first year the sum of 
fifty dollars, in advance, and the sum of one dollar 
each year thereafter. At the expiration of said per- 



Rules and Regulations. 125 

mit the applicant shall return said machine to the 
Conservation Commission, in as good condition as 
when taken, natural wear and tear excepted. 

22. The Commission will furnish to 
^^ each person to whom a permit is is* 

sued metallic tags inscribed with the 
letters " N. Y. S. C. C." and with the number of 
the permit. Each applicant shall pay to the Com- 
mission for said tags the sum of three cents each. 
Only tags so furnished shall be used; no tag shall 
be used more than once. 

23. Artificially propagated trout 

not less than six inches long may be 

trout. ,, r ±- i. 

sold for consumption, at any season 

of the year, under said permit, provided one of said 

metallic tags is firmly attached to each trout. The 

sale of wild trout is prohibited at all times. 

Any person holding a permit as aforesaid may sell, 
exchange or give away at any season of the year, 
for the purpose of propagation or exhibition, any 
live trout propagated by him. 

Live trout for propagation purposes only, may be 
transported when accompanied by a permit issued 
by the Commission and not otherwise. 

24. Before any trout are shipped or 
ar mg transported the package in which the 

^^ ^ ^' same are contained must have affixed 
thereto a tag on which shall be plainly marked the 
number of pounds and kind of trout contained 
therein, together with the name and address of the 



126 Rules and Regulations. 

consignee and the consignor, the initial point of 
billing and the point of destination. 

^, 25. Any person may buy, sell or 

Right to have , . * i r 

** have in possession for sale for use 

trout for r J X £ XI 

as food at any season of the year, a 

consumption. , , xa • n . -, j 

'^ trout artihcially propagated and 

kept, provided that such trout is not less than six 

inches long and provided also that the same is 

tagged as hereinbefore provided. The tag shall be 

removed only by the consumer, and when removed 

shall be destroyed. 

26. Every person receiving a per- 
^ ■ mit as aforesaid, to propagate and 

keep trout, shall make a written report to the 
Commission on or before December thirty-first of 
each year, stating the number and variety of trout 
sold or exchanged, or given away for use as food, 
or for propagation or exhibition during the preceding 
year. 

IV. 

PROPAGATION AND SALE OF SKUNKS. 

27. Each application for a license 
to engage in the business of propa- 
gation and sale of skunks shall be accompanied by 
a satisfactory bond to the People of the State in 
the penal sum of five hundred dollars, conditioned 
that the applicant will not keep skunks which are 
taken wild during the close season for skunks and 
will not dispose of skunks in any way during the 



Rules and Regulations. 127 

close season; that he will observe all of the pro- 
hibitions, restrictions and conditions imposed by the 
terms of the license to be issued and the provisions 
of section 200 of the Conservation Law. 

28. If said bond is approved, and 
^^ upon payment to it of a fee of ten 

' dollars, the Commission shall issue to 

fee 

the applicant a license permitting him 

to keep skunks under the provisions of said section 
for one year from a time therein stated, but no such 
license shall be issued to take effect during the close 
season. 

In order to authorize the continu- 
ance of such licenses thereafter, the 

license 

licensee shall renew said bond annu- 
ally, and the fee for renewal of license shall be five 
dollars. 

. 29. No person purchasing skunks 

* from such licensee shall have them 
in possession during the close season, even though 
purchased during the open season. 

_ 30. Any person violating the provi- 

Penalty. . r \, . . , 

•^ sions of such bond, any rule or regu- 

lation of the Commission or any of the provisions of 
section 200 of the Conservation Law shall forfeit his 
license and shall be denied the privilege of giving 
another bond. 



128 Rules and Regulations. 

V. 

POSSESSION OF VENISON. 

31. Applications for a license to 

^^ possess venison during any calendar 

jear, pursuant to the provisions of section 191 of 

the Conservation Law, must be made and the license 

granted on or before November 16. 

The applicant shall at the time of filing his appli- 
cation for a license pay to the Commission a license 
fee of five dollars, and such license shall be granted 
only to a person holding a hunting and trapping 
license. 

A license shall permit the person killing the deer 
to possess the same in his own home for consump- 
tion and not otherwise, from November 21 to Janu- 
ary 1, both inclusive, provided that said deer or 
venison shall be tagged as follows: 

Each quarter of said deer shall be tagged with a 
tag to be furnished by the Commi^ssion. 

The Commission will also furnish with the license 
duplicate coupons which shall be filled out, signed 
and sworn to by the licensee; one coupon shall be 
attached to the deer and one coupon shall be filed 
with the Commission on or before November 20th 
of the same year; the tags shall be fastened and 
locked to each quarter and the coupon attached to 
said deer on or before November 20th next succeeding 
the date of killing. 



Rules and Regulations. 129 

32. The Conservation Commission 
A e 1 g j-ggerves the right to alter, amend, or 

aorogating abrogate any or all of the foregoing 

••ill flto 

rules and regulations, and may adopt 
new ones at any time as the Commission may deem 
expedient. Nothing contained in any of these rules 
and regulations shall be construed as compelling the 
issuing of a license to any person nor to prevent 
the revoking of such license at any time. 

33. Any person who shall violate 
any of these rules shall be subject 

to tJie penalties imposed by provisions of the Con- 
eervation Law in relation to fish and game. 

No license or permit issued by the 

Construction. ^ . . , a i- i r r xi. 

Commission under Article 5 of the 

Conservation Law shall be deemed to authorize 

the licensee, or person to whom such a permit is 

issued, to trespass upon any private lands, or to do 

any injury thereto, or to exclusively occupy any 

land owned by the State, including lands under 

water, or to exclusively use any public waters of 

the State. 

5 



FEDERAL STATUTES. 



THE LACEY ACT. 

[Chap. 553 (1900).] 



UNITED STATES STATUTE. 



AN ACT to enlarge the powers of the department of 
agriculture, prohibit the transportation by inter- 
state commerce of game killed in violation of local 
laws, and for other purposes. 

Be it enacted hi/ the Senate and House of Repre- 
sentatives of the United States of America in Con>- 
gress assembled, That the duties and powers of the 
department of agriculture are hereby enlarged so as 
to include the preservation, distribution, introduction, 
and restoration of game birds and other wild birds. 
The secretary of agriculture is hereby authorized to 
adopt such measures as may be necessary to carry 
out the purposes of this act and to purchase such 
game birds and other wild birds as may be required 
therefor, subject, however, to the laws of the various 
states and territories. Th« object and purpose of 
this act is to aid in the restoration of such birds 
in those parts of the United States adapted thereto 

[130] 



Federal Statutes. 131 

where the same have become scarce or extinct, and 
also to regulate the introduction of American or 
foreign birds or animals in localities where they 
have not heretofore existed. 

The secretary of agriculture shall from time to 
time collect and publish useful information as to the 
propagation, uses, and preservation of such birds. 

And the secretary of agriculture shall make and 
publish all needful rules and regulations for carry- 
ing out the purposes of this act, and shall expend 
for said purposes such sums as congress may ap- 
propriate therefor. 

§ 2. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 3. Repealed by chapter 321 of the Laws of 190D 
of the United States. 

§ 4. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 5. That all dead bodies or parts thereof, of any 
foreign game animals, or game or song birds, the 
importation of which is prohibited or the dead bodies, 
or parts thereof, of any wild game animals, or game 
or song birds transported into any state or territory, 
or remaining therein for use, consumption, sale, or 
storage therein, shall upon arrival in such state or 
territory be subject to the operation and effect of 
the laws of such state or territory enacted in the 
exercise of its police powers, to the same extent and 
in the same manner as though such animals and 
birds had been produced in such state or territory. 



132 Federal Statutes. 

and shall not be exempt therefrom by reason of being 
introduced therein in original packages or otherwise. 
This act shall not prevent the importation, trans- 
portation, or sale of birds or bird plnniage manu- 
factured from the feathers of barnyard fowl. 
Approved, May 25, 1900. 

AN ACT to codify, revise and amend the penal laws 
of the United States. (Chap. 321, 1909.) 
Be it enacted hy the Senate and Uouse of Repre- 
&entatLves of the United States of America in Con- 
gress asseinhled, That the penal laws of the United 
States be and they hereby are codified, revised and 
amended with title, chapters, head notes and sections, 
entitled, numbered and to read as follows: 

CHAPTER 9. 

§ 241. The importation into the United States or 
any territory or district thereof, of the mongoose, 
the so called " flying foxes " or fruit bats, the English 
sparrow, the starling, and such other birds and 
animals as the secretary of agriculture may from 
time to time declare to be injurious to the interests 
of agriculture or horticulture is hereby prohibited ; 
and all such birds and animals shall, upon arrival 
at any port of the United States be destroyed or 
returned at the expense of the owner. 

No person shall import into the United States or 
into any territory or district thereof, any foreign 
wild animal or bird, except under special permit 



Federal Statutes. 133 

from the secretary of agriculture. Provided, That 
nothing in this section shall restrict the importation 
of natural history specimens for museums or scientific 
collections, or of certain cage birds such as domesti- 
cated canaries, parrots or such other birds as the 
secretary of agriculture may designate. 

The secretary of the treasury is hereby authorized 
to make regulations for carrying into effect the pro- 
visions of this section. 

§ 242. It shall be unlawful for any person to de- 
liver to any common carrier for transportation, or 
for any common carrier to transport from any state, 
territory or district of the ITnited States to any 
other state, territory or district thereof, any foreign 
animals or birds, the importation of which is pro- 
hibited, or the dead bodies or parts thereof of any 
wild animals or birds, where such animals or birds 
have been killed or shipped in violation of the laws 
of the state, territory or district in which the same 
were killed or from which they were shipped. Pro- 
vided, That nothing herein shall prevent the trans- 
portation of any dead birds or animals killed during 
the season when the same may be lawfully captured 
and the export of which is not prohibited by law 
in the state, territory or district in which the same 
are captured or killed. Provided further. That noth- 
ing herein shall prevent the importation, transporta- 
tion or sale of birds or bird plumage manufactured 
from the feathers of barnyard fowls. 



134 Federal Statutes. 

§ 243. All packages containing the dead bodies, or 
the plumage or parts thereof, of game animals, or 
game or other wild birds, ^vhen shipped in inter- 
state or foreign commerce, shall be plainly and 
clearly marked, so that the name and address of 
the skipper, and the nature of the contents may 
be readily ascertained on an inspection of the out- 
side of such package. 

§ 244. For each evasion or violation of any pro- 
vision of the three sections last preceding, the ship- 
per shall be fined not more than two hundred dol- 
lars; the consignee knowingly receiving such articles 
so shipped and transported in violation of said sec- 
tions shall be fined not more than two hundred dol- 
lars; and the carrier knowingly carrying or trans- 
porting the same in violation of said sections shall 
be fined not more than two hundred dollars. 

The above sections 241, 242, 243, 244 take the 
place of sections 2, 3 and 4 of the Lacey Act. 

FEDERAL LAW FOR THE PROTECTION OF 
MIGRATORY BIRDS. 

[Public — No. 430, p. 23.] 

[Extract from an Act making appropriations for the 
Department of Agriculture for the fiscal year 
ending June 30, 1914.] 

Be it eyiaoted hi/ the Senate and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled. All wild geese, wild swans, brant, 



Federal statutes. 135 

wild ducks, snipe, plover, woodcock, rail, wild pigeons, 
and all other migratory game and insectivorous birds 
which in their northern and southern migrations pass 
through or do not remain permanently the entire 
year within the borders of any State or Territory, 
shall hereafter be deemed to be within the custody 
and protection of the Government of the United 
States, and shall not be destroyed or taken contrary 
to regulations hereinafter provided therefor. 

The Department of Agriculture is hereby author- 
ized and directed to adopt suitable regulations to 
give etlect to the previous paragraph by prescribing 
and fixing closed seasons, having due regard to the 
zones of temperature, breeding habits, and times and 
line of migratory flight, thereby enabling the de- 
partment to select and designate suitable districts 
for different portions of the country, and it shall be 
unlawful to shoot or by any device kill or seize and 
capture migratory birds within the protection of 
this law during said closed seasons, and any person 
who shall violate any of the provisions or regula- 
tions of this law for the protection of migratory 
birds shall be guilty of a misdemeanor and shall 
be fined not more than $100 or imprisoned not more 
thin ninety days, or both, in the discretion of the 
court. 

The Department of Agriculture, after the prepara- 
tion of said regulations, shall cause the same to be 
made public, and shall allow a period of three 
months in which said regulations may be examined 



136 Federal Statutes. 

and considered before final adoption, permitting, 
when deemed proper, public liearings thereon, and 
after final adoption shall cause the same to be en- 
grossed and submitted to the President of the 
United States for approval: Provided, however, That 
nothing herein contained shall be deemed to affect 
or interfere with the local laws of the States and 
Territories for the protection of nonraigratory game 
or other birds resident and breeding within their 
borders, nor to prevent the States and Territories 
from enacting laws and regulations to promote and 
render efiricient the regulations of the Department -of 
Agriculture provided under this statute. 

There is hereby appropriated, out of any moneys 
in the Treasury not otherwise appropriated, for the 
purpose of carrying out these provisions, the sum of 
$10,000. 

Approved, March 4, 1913. 



ROSTER OF PROTECTORS. 



Llewellyn Legge. .Chief Protector, Bingham ton. . . .Broome Co. 
Jos. V. Sauter. . . Dep. Chief Pro't'r, New York. . .New York Co. 
M. C. Worts .... Supt. of Inland Fisheries, Oswego, Oswego Co. 



DIVISION CHIEFS. 

Byron A. Cameron Saranac Lake Franklin. 

James A Colloton Rochester Monroe. 

William C. Farley Waverly Tioga. 

Frederick W. Hamilton .... Buffalo Erie. 

Cassius A. Johnston Hoosick Falls Rensselaer. 

John E. Leavitt Johnstown Fulton. 

Charles E. Lee Poughkeepsie Dutchess. 

John T. McCormick Brooklyn Kings. 

Frank C. Mullin Dexter Jefferson. 

Robert B. Nichols Indian Lake Hamilton. 

Charles R. Stapley Geneseo Livingston. 

William H. Weston Syracuse Onondaga. 



PROTECTORS. 

Name. Residence. Cotmty. 

William J. Andre Croghan Lewis. 

Thomas H. Allen Port Washington .... Nassau. 

J. E. Ball Old Forge Herkimer. 

Joseph Barry Cold S )ring Putnam. 

F. Bauernschmidt New York City New York. 

Carl A. Beebe Painted Post Steuben. 

William G. Bell Heuvelton St. Lawrence. 

Frederick H. Bellinger Forestport Oneida. 

D. H. W. Benson Far Rockaway Queens. 

Charles A. Bissell Newcomb Essex. 

L. H. Burnside Norwich Chenango. 

Dennis Bump Lake George Warren. 

William J. Butler Long Lake Hamilton. 

Patrick F. Butler Troy Rensselaer. 

Albert E. Buyers Buffalo Erie, 

[137] 



138 Protectors' Roster. 

Name. Residence. County. 

Benjamin M. Bailey White Plains Westchester. 

Merrill L. Callaghan Medina Orleans. 

M. J. Callahan Montour Falls Schuyler. 

Zobles T. Cater Catskill Greene. 

William R. Clark Jamestown Chautauqua. 

Willis D. Cloyes Cortland Cortland. 

A. J. ConkUn Matteawan Dutchess. 

Eugene C. Cross Liberty Sullivan. 

H. B. Cruikshank Salem Washington 

Chester C. Culver Penn Yan "Yates. 

Harry J. Curry Binghamton Broome. 

George Davis Lyons Wayne. 

William L. Delaney Albany Albany-. 

Joseph M. DeSilva Griffin Corners Delaware. 

Fred Devvitt Kingston Ulster. 

Henry C. Dewolf South Byron Genesee. 

John DoUinger Redwood Jefferson. 

Claude T. DoVille Sodus Point Wayne. 

Elton B. Downing Lafayette Onondi.ga. 

Calvin Emerick Glasco Ulster. 

Charles J. Franklin Ovid Seneca. 

James S. Ford Malone Franklin. 

Edmund Gallagher Brooklyn Kings. 

Edward H. Gammon Glen Haven Monroe. 

Jacob A. Ginder Schenectady Schenectady. 

Edward C. Gleason Wayne Schuyler. 

Theodore Godbout Whitehall Washington. 

Harry P. Haff Islip Suffolk. 

Jay Hand Cranberry Lake St. Lawrence. 

Austin G. Harris Harrisvilie Lewis 

Miles Hazslton Middleburgh Schoharie. 

Henrv Heffernan Hammondsport Steuben. 

William Herrick Clay Onondaga. 

Edgar Hicks West New Brighton.. Richmond. 

Cyrus M. Hiller Cobleskill Schoharie. 

James H. Hildreth Amagansett Suffolk. 

Joseph F. Hirsch Allegany CattarriUgus. 

Willard A. Hoagland Auburn Cayuga. 

Herbert A. Horton New Suffolk Suffolk. 

George B. Howland Rudeston Hamilton. 

Ross N. Hudson Cambria Niagara. 

WilUam H. Irons Lockport Niagara. 

Joseph Jenkins Poland Herkimer. 

J. H. Kane Little Falls Herkimer. 

Dennis E. Keefe Binghamton Broome. 

C. J. Kirby Brainardsville Franklin. 

Everett J. Knapp Stony Point Rockland. 

Peter Knobloch Lyons Wayne. 

Morgan B. Leland Glens Falls Warren. 



Protectors' Roster. 139 

Name. Residence. County. 

Dennis W. Linnehan Raquette Lake Hamilton. 

John J. McDonough Granville Washington. 

Richard F. Maher Dover Plains Dutchess. 

John H. Mallette Ogdensburg St. Lawrence. 

Thomas E. Marsh Castile Wyon:ing. 

C. H. Masten Gloversville Fulton. 

C. J. Miles Olean Cattaraugus. 

Lewis S. Morris Livonia Livingston. 

Darwin E. Moxley Saranac Lake Franklin. 

Michael C. Murphy Horseheads Chemung. 

William F. Newell Mount Vision Otsego. 

J. H. North Plattsburgh Clinton. 

Joseph Northrup Alexandria Bay Jefferson. 

Charles H. O'Donnell Mumford Monroe. 

E. R. Overton East Quogue Suffolk. 

Leon William Paxon Akron Erie. 

Wallace L. Reed Canandaigua Ontario. 

Charles Riley Plattsburgh Clinton. 

Edward St. Clair Franklin Falls Franklm. 

R. W. Schulz Buffalo Erie. 

N. A. Scott Greenfield Center Saratoga. 

Sherman S. Scott Fillmore Allegany. 

Dan W. Seckington Elizabeth town Essex. 

T. J. Sheridan Saratoga Springs. . . . Saratoga. 

Joseph T. Smith Colton St. Lawrence. 

Milton S. Smith Mayville Chautauqua. 

Robert Somerville Sodom Warren. 

Clark M. Stearne Sackets Harbor Jefferson. 

George E. Sutton Mount Kisco Westchester. 

Samuel S. Taylor Bouckville Madison. 

George H. Travis Cleveland Oswego. 

Frederick G. Thomas Ticonderoga Essex. 

Claude E. Underhill Fonda Montgomery. 

John B. Vann Ithaca Tompkins. 

Frank Van de Boe Hillsdale Columbia. 

Peter Ver Snyder Croghan Lewis. 

John H. Wackerman. ..... Brooklyn Kings. 

John J. Ward Brooklyn Kings. 

Merton Westcott Waterville Oneida. 

Cleveland Wheaton Amsterdam Montgomery. 

John Willis Oneida Madison. 

C. G. Worden Oriskany Oneida. 

C. H. Yaple Owego Tioga. 

Verne A. Zimmer Canaseraga Allegany. 



CONSERVATION LAW. 



INDEX TO PART I. 



A. Sec. Paob. 

Additional protection. (See Fish; Game.) 

orders 115 

Aliens. (See Licenses.) 

Allogany county, pheasants, additional pro- 
tection n ^» 

Aiiiorican coots, open season, limit of take. . 213 45 
Anatid.ie. (See Birds.) 

Angling, defined 380 112 

Animals, importation, federal regulations 135-137 

scientific collections, importation for l.'{(> 

transportation, federal regulations loO, 137 

Antelope, no open season 194 38 

transportation and possession when 

killed in private park 104 38 

Antwerp pigeons, interference with pro- 
hibited 218 47 

Application of article V 381 114 

Article V, application nsi 11^ 

construction 382 114 

Attorney-general, protectors, to defend suits 

against ... 173 2t 

B. 

Bacteriologist, sanitary inspection of shell- 
fish grounds ; report 310 84 

Bait lines, regulations when used for tak- 
ing sturgeon 123 

ri4ii 



142 Index — Part I. 

Sec. Page. 
Banded pickerel, terms pickerel and pike in- 
clude 380 112 

Bass. (See Otsego wliitefish.) 

black, additional protection in Lake 

Erie and Niagara river 115 

Chauniont bay, not to be taken 

with nets in 278 67 

Lakes Erie and Ontario, not be 

taken witb nets in 276 65 

open season in Lake George 241-a 56 

open season ; size of catch 231 51 

spawn, taking from beds prohibited... 243 57 

spawning, disturbing prohibited 243 57 

striped, nets, taking with permitted. . . . 271 64 

sale 240 55 

size limit 240 55 

taken without the State, posses- 
sion in closed season regulated.. 370 101 
Black bass, term includes Oswego bass.... 380 112 
Beaver, power of Commission to acquire. . . 157 13 
taking, possessing, or molesting, pro- 
hibited 197 40 

Biological stations, supervision of conserva- 
tion Commis.sion 150 7 

Birds. (See Game, names of individual birds.) 

additional protection orders 115 

anatidae defined 210 43 

open season, limit of take, man- 
ner of taking 211 43 

bodies imported into state, subject to 

State laws 133-135 

eggs, license to collect or possess 159 14 

federal laws 133-139 

gallinae defined 210 43 

open season, limit of take 214 45 

game birds, defined 210 43 

highways, not to be taken on 222 49 



Index — Part I. 143 

Birds — { Continued). Sec. Page. 

importation, federal regulations 133-139 

imported, fees for tagging ..... 374 109 

subject to State laws 133-135 

injurious, importation prohibited 135-137 

insectivorous, federal law for protection . . . 137-139 
lands used by municipality for water 

supply, not to be taken on 222 49 

license to collect or possess 159 14 

limicolae, defined 210 43 

open season ; limit of take 216 46 

manner of taking 212 44 

migratory, federal law for protection. . . . 137-139 

nets prohibited 221 48 

ownership in the State 175 21 

penalties for violation of provisions as 

to 223 49 

plumage imported into State, subject to 

State laws 133-135 

plumage of birds protected, sale pro- 
hibited : 219 47 

power of Commission to acquire 158 13 

protection, enforcement of laws 150 7 

rallidae, defined 210 43 

open season, limit of take 213 45 

sale of certain, prohibited 180 27 

sale of plumage of birds protected, pro- 
hibited 219 47 

scientific collections, importation for 136 

secretary of agriculture, duties 133-139 

skins and bodies of birds protected, 

sale prohibited 219 47 

snares*, prohibited 221 48 

taking, method of, restricted 177 22 

transportation, federal regulations 136,137 

tra^s, prohibited 221 48 

upland game birds, open season ; limit 

of take 215 46 



144 hidex — 2'art I. 

Birds — {Continued). Sec. Pagbj. 

water fowl, open season, limit of take, 

manner of taking 211,212 43,44 

wild birds protected 219 47 

certain not protected 219 47 

Blue point oysters. (See Oysters.) 

Box turtle. (See Land turtles.) 

Brant, federal law, for protection 137-139 

open season; ma»uer of taking. . .211, 212 43,44 
Breeding of game (see Deor ; Ducks; Elk; 

riieasants ; Skunk) . .370-376 101-110 

Brookhaven, free bay oyster lands exempt 

from fee for sanitary inspection...,,... 312 86 

Brook trout, term trout includes 3SD 112 

Brown trout, term trout includes oSO 112 

Bullfi'ogs. (See Frogs.) 

Bullheads. Lake George, open season 241-a 56 

set and trap lines, taking with 254 61 

spears and snatch hooks, taking with. . 255 61 

tip-ups, taking with 253 60 

C. 

Caribou, no open season 194 38 

transportation and possession when 

killed in private park 194 38 

Carp, placing in public waters and use of 

bait, prohibited 250 59 

set and trap lines, taking with 254 61 

spears and snatch hooks, taking with. 255 61 

Catfish, set and trap linos, taking witn.... 254 61 

spears and snatch hooks, taking with. . 255 61 

tip-ups, taking with 253 60 

Cattaraugus county, pheasants, additional 

protection 115 

Chain pickerel, terms pickerel and pike in- 
clude 380 ' 112 

•Chaumont bay, use of nets in 278 67 



Index — Part L 145 

&EC. Page. 
Chautauqua county, pheasants, additional 

protection 115 

Chenango county, pheasants, additional pro- 
tection 115 

Chinese pheasants, term pheasants includes 380 112 
City clerks. (See Licenses.) 

Clams, beds protected 316 89 

term shellfish includes 380 112 

Clinton county, pheasants, additional pro- 
tection 115 

Close season, defined 380 111 

Closes. (See Fish; Game.) 
Commission. (See Conservation Commis- 
sion.) 

defined 380 111 

Compilation of fish and game law, publica- 
tion and distribution 160 14 

Coney Island Creelc, nets, size of mesh.... 331 95 

Conservation Commission, defined 380 111 

disposal of game and fish seized. ...... 154 11 

duties in general 150 7 

employees, terms of present not af- 
fected 382 114 

fish, general powers and duties as to.. 150 7 

game, general powers and duties as to. 150 7 

nets, licensing 270 63 

penalties for violations of rules and 

regulations 161 15 

powers in general 150 7 

rules and regulations 116-129 

amendment ; abrogation ; penal- 
ties ; construction 129 

observance of; penalty 161 15 

Constables, powers under fish and game law 172 20 

Construction of article V 382 114 

Crow, nests, destroying or robbing not pro- 
hibited 220 48 



146 Index — Part I. 

Crow — (Co)ilinucd). Sec. Page. 

not protected 219 47 

Crow-blackbird, nests, destroying or rob- 
bing not prohibited 220 48 

not protected 219 47 

Curlews, open season; limit of take. .. .216, 217 46,47 



D. 

Dams, construction, notice to be given Com- 
mission 290 70 

construction of fishways in 291 70 

Deer. (See Venison.) 

breeding, license ; revocation of license 372 103 

manner of killing 372 104 

preserves to be fenced 372 107 

reports 372 107 

tagging 372 104 

Deerpark, open season in 192 37 

devices, certain prohibited in taking. . . 190 3-6 
dogs not to be harbored in forests in- 
habited by deer 193 37 

use of in hunting, prohibited 190 36 

European red, importation and sale of 

carcasses regulated 373 108 

Fallow, importation and sale of car- 
casses regulated 373 lOS 

imported, fees for tagging 374 109 

limit of take 190 36 

manner of taking 190 36 

open season 190, 192 35, 37 

in certain localities 192 37 

possession, regulated 191 36 

power of commission to acquire 157 13 

reindeer, importation and sale of car- 
casses, regulated 373 108 

roebuck, importation and sale of car- 
casses, regulated 373 108 



Index — Part I. 147 

Deer — {Continued) , Sec. Page. 
Sullivan county, open season in certain 

towns 192 37 

transportation 190 36 

Ulster county, open season in certain 

towns 192 37 

wild deer, term includes what 380 112 

Definitions 380 1 10 

Delaware county, pheasants, additional pro- 
tection 115 

Delaware river, use of nets in 279 67 

Dip nets, term nets includes 380 113 

Dogfish, set and trap lines, taking with. . . . 254 61 

spears and snatch hooks, taking with. . 255 61 

Dogs, deer, use of in hunting, prohibited... 190 36 
possession in forests inhabited by deer 

or in Adirondack park, prohibited... 193 37 

use of in taking birds and quadrupeds. 177 22 
Dredges. (See Shellfish.) 

Ducks, breeding, license 372 103 

federal law for protection 137-139 

manner of killing 372 104 

manner of taking 211,212 43,44 

open season 211, 212 43. 44 

reports 372 1 07 

tagging 372 107 

use of nets in parts of, prohibited.... 328 94 

E. 

Eel pots and weirs, fish taken to be returned 

to waters 123 

license for use 256 61 

rules and regulations of Conservation 

Commission 116 

size and construction 122 

tagging 123 

use restricted 176 22 



14S Index — Part 7. 

Sec. Page. 
Eels, Jamaica bay, taking in, permitted with 

spear or weir 330 95 

set and trap lines, taking with 254 61 

spears and snatch hooks, taking with. 255 Gl 

use of tip-ups in taking 253 60 

Egyptian quail. (See Quail.) 
Elk, acquisition by Conservation Commis- 
sion 157 13 

breeding, license; revocation of license. 372 103 

manner of killing 372 104 

no open season 194 38 

preserves to be fenced 372 107 

reports 372 107 

tagging 372 104 

transportation and possession when 

killed in private park 194 38 

Enforcement of law, powers of game pro- 
tectors 169 18 

English pheasants, term pheasants includes 3S0 112 

English sparrow, importation prohibited 135 

nests, destroying or robbing not pro- 
hibited 220 48 

not protected 219 47 

Essex county pheasants, additional protec- 
tion 115 

European black-game, importation and sale 

regulated 373 108 

European black plover. (See Plover.) 
European red deer. (See Deer.) 
European red-legged partridge. (See Part- 
ridge.) 
Explosives, use or possession in waters, 

shores or islands, prohibited 245 57 

Exportation of fish and game. ( See Fish ; 
Game : names of individual fish and 
game.) 



Index — Part I. 149 

F. Sec. Page. 

Fallow deer. (See Deer.) 
Far Rockaway bay, use of nets regulated . . 332 96 

Federal statutes 133-139 

Ferrets. (See Hares and Rabbits.) 
Fertilizer, licensing vessels taking fish for 

making fertilizer 324 92 

Fire Island inlet, use of nets regulated.... 327 94 

Fish. ( See Fish Culturist ; Fish Hatcher- 
ies ; Fishways ; Hatching Stations ; 
^larine District ; Marine Fisheries ; 
Marino Fisheries, Bureau of; Private 
Lands and Ponds ; Shellfish ; Super- 
visor of ^Marine Fisheries ; Shellfish ; 
Names of Individual Fish.) 

additional protection 152 8 

notice of prohibition or regula- 
tion 152 9 

orders 115 

penalties 152 10 

power of commission to grant. . . 152 9 

breeding, penalties for violations of, 

provisions as to 376 110 

closes 153 10 

conservation commission, general pow- 
ers and duties 150 7 

devices for taking, use restricted 176 22 

disposal when taken unintentionally in 

gill nets 120 

eggs not to be placed in public waters 

inhabited by trout; exception... 250 59 
power of commission to purchase. 156 12 
explosives, taking by means of, pro- 
hibited 245 67 

exportation, penalties 182 27 

supervision of conservation com- 
mission 150 7 

when lawfully salable 178 23 



150 Index — Fart I. 

Fish — (Continued). Sec. Page. 

fertilizer, license for vessels engaged 

in taking lish to produce 324 92 

unlawful to take for purpose of 

rendering into 324 93 

hatcheries, taking fish from waters of, 

prohibited 249 59 

fishing boats, inspection and use of by 
omplo.veos of conservation commis- 
sion 2S1 68 

food fish, not to be taken for purpose 

of rendering into oil or fertilizer. . , 324 93 

grappling hooks, taking by. regulated. 255 61 

importJition, penalties for violations 

of provisions 1S2 27 

as to 37G 110 

regulatetl 370. 101 

supervision of conservation com- 
mission 150 7 

when lawfully salable 178 26 

when not lawfully salable 178 24 

imported, application of article V 381 114 

Lake George, open seasons in 241-a 56 

limit of take 176 22 

marine fisheries, penalties for viola- 
tion of provisions as to 355 97 

Missisquoi bay, fish caught in not to 

be transported into this State 370 101 

naked hooks, taking by, regulated.... 255 61 

Nassau county, power of supervisors 

to regulate taking 334 97 

net licenses in certain waters 116 

nets, taking with regulated 271 64 

non-resident vessels engaged in fishing 

with nets, licensing 324 92 

obstructing streams prohibited ; re- 
moval of obstruction 246 58 



Index — Part I. 151 

Fish — {Continued). Sicc. Page, 
oil, license for vessels engaged in tak- 
ing fish to produce 324 92 

unlawful to take for purpose of 

rendering into .'524 93 

ownership in the State 175 21 

penalties for violations of provisions 

as to 258 62 

pollution of strcaviis i)rohibited 247 58 

waters prohibited 32'), 320 93 

possession, penalties 182 27 

restricted 17G 22 

when presumptive evidence of un- 
lawful taking 181 27 

private lakes and ponds, fish protected. 305 100 
propagation, removal of fish hindering 

propagation 155 12 

purposes, power of commission to 

take 155 12 

protection, enforcement of laws 150 7 

publication of laws relating to 160 14 

Karitan bay, to be taken in by angling 

only 329 94 

return to waters when taken in eel 

pots and weirs. 123 

sale during close season, penalties for 

violations of provisions as to.. 370 110 

penalties 182 27 

restricted 176 22 

when for propagation purposes. ... 179 26 

seized, disposal of 154 11 

set and trap lines, taking by 254 61 

shipping permits 178 26 

snatch hooks, taking by, regulated.... 255 61 

spearing, taking by, regulated 255 61 

storage in close season, license, bond ; 

regulations 375 109 



152 Index — Part I. 

Fish — iContinv(d). 

storage in close season — (Continued). Sec. Page. 
penalties for violations of pro- 
visions as to 376 110 

Suffolk county, power of supervisors 

to regulate taking 334 97 

superintendent of inland fisheries 271 64 

taken without the Ji^tate, possession in 

closed season regulated 370 101 

taking, penalties 182 27 

restricted 176, 177 22 

by drawing off water, prohibited.. 249 59 

in fish ways prohibited 251 60 

marine district 116 

through ice in waters inhabited 

by trout, prohibited 252 60 

term includes what 380 111 

thumping prohibited 244 57 

tip-ups, use of regulated 253 60 

transportation 178, 179 23, 26 

duties of common carriers 178 23 

penalties 182 27 

regulated 370 101 

restricted 176 22 

supervision of conservation com- 
mission 150 7 

when for propagation purposes... 179 26 
when raised in private hatch- 
eries 178 23 

undersized, traffic in prohibited 177 22 

Fish closes. (See Fish.) 

Fish culturist, appointment 151 8 

salary ; expenses 151 8 

Fish hatcheries, diverting water used by, 

prohibited 249 59 

polluting waters used by, prohibited . . 248 59 

taking fish from waters of, prohibited. 249 59 



Index — Part I. \^t 

Sec. Page. 
Fishing boats, inspection and use of by 

employees of conservation commission. . . 281 68 

Fishways, dams, construction of fishways in 291 70 

dams, notice of construction 290 70 

taking fisli near, proliibited 251 60 

Flying foxes, importation proliibited 135 

Franklin county, pheasants, additional pro- 
tection 115 

Frogs, open season 257 62 

Fruit bats, importation prohibited 135 

Fulton county, hares and rabbits, addi- 
tional protection 115- 

pheasants, additional protection 115 

Fyke nets, term nets includes 380 113". 

G. 

Gallinae. (See Birds.) 

Gallinules, open season; limit of take.... 213 45> 
Game. (See Birds; Game Farms; Names 
of Individual Animals and Birds.) 

additional protection 152 S 

hearings 152 8 

notice of prohibition or regula- 
tion 152 9 

orders 115 

penalties 152 10= 

power of commission to grant. , . 152 9- 
breeding, penalties for violations of 

provisions as to 376 llO 

closes 153 10* 

conservation commission, general pow- 
ers and duties 150 T 

domestic game, term includes what. . . 380 112- 

exportation, penalties 182 2T 

supervision of conservation com- 
mission 150 7 

when lawfully salable 178 23^. 



154 Index — Part I. 

Game — {Continued). Sec. Page. 
game protected by law, term includes 

what 380 111 

highways, not to be taken on 222 49 

imported, application of article V.... 381 114 

fees for tagging 374 109 

game, term includes what 380 112 

importation, penalties 182 27 

penalties for violations of pro- 
visions as to 376 110 

supervision of conservation com- 
mission 150 7 

when lawfully salable 178 26 

when not lawfully salable 178 24 

lands used by municipality for water 

supply, not to be taken on 222 49 

limit of take 176 22 

ownership in the State 175 21 

possession, penalties 182 27 

restricted 176 22 

when presumptive evidence of un- 
lawful taking 181 27 

private lands, not parks, game in 

protected 365 100 

game protected 365 100 

publication of laws relating to 160 14 

sale during a close season, penalties 
for violations of provisions as 

to 376 110 

penalties 182 27 

restricted 176 22 

when for propagation purposes... 179 26 

seized, disposal of 154 11 

shipping permits 178 26 

takinjj, penalties 182 27 

restricted 176, 177 22 

term includes what 380 111 



Index — Part I. 155 

Game — {Continued). Sec. Page. 

transportation 178, 179 23,26 

duties of common carriers 178 23 

penalties 182 27 

restricted 176 22 

supervision of conservation com- 
mission 150 7 

when for propagation purposes... 179 26 

raised in private preserves.. 178 23 

wild game, term includes what 380 111 

Game closes. (See Game.) 

Game farms, supervision of conservation 

commission 150 7 

Game law. (See Compilation of Fish and 
Game Law.) 

Game protectors, bonds 167 17 

chief game protector, report 170 19 

compensation 168 17 

division chief protectors, reports 170 19 

number and designation 165 16 

powers 169 18 

rating under civil service law 166 16 

records of official acts 170 19 

removal and suspension 166 16 

reports 170 19 

roster 140 

salaries and expenses, certification of. 170 19 
special game protectors, appointment 

and compensation 171 20 

suits against, Attorney-General to 

defend 173 20 

Garbage, not to be thrown into parts of 

Long Island sound 326 93 

Gardiner bay, devices allowed for taking 

water fowl 212 44 

Geese, federal law for protection 137-139 

open season; manner of taking. . .211, 212 43,44 



156 Index — Part I. 

Sec. PAaH. 
Gender, disregarded in construing this 

article 380 111 

Genesee county, ruffed grouse, additional 

protection 115 

Gill nets, term nets includes 380 113 

Grappling hooks, taking fish by, regulated. 255 61 

use restricted 176 22 

•Grass pickerel, terms pickerel and pike 

include 380 112 

Great horned owl, nests, destroying or rob- 
bing not prohibited 220 48 

not protected 219 47 

Great northern pike. Lake George, open 

season 241-a 56 

term pickerel includes 380 112 

term pike includes 380 112 

Great South bay, devices allowed for taking 

water fowl 212 44 

Green frogs. (See Frogs.) 
Grouse, Genesee county, additional pro- 
tection 115 

open season, limit of take 214, 215 45,46 

Scotch, importation and sale regulated. 373 108 
taking with net, trap or snare, pro- 
hibited 221 48 

term includes what 380 112 

H. 

Hares and rabbits, cotton tail, additional 

protection in Richmond county 115 

ferrets, use of prohibited 196 39 

Fulton county, additional protection 115 

limit of take 196 3© 

open season 196 39 

owners or occupants of lands, taking 

by 196 3» 

sale regulated 196 B9 



Index — Part I. 157 

Sec. Pagr. 

Harlem river, use of nets prohibited 328 94 

Hatcliing stations, supervision of conserva- 
tion commission 150 7 

Hawk, nests, destroying or robbing not 

prohibited 220 48 

not protected 219 47 

Health, State commissioner of, designation 
•f sanitary inspectors to inspect shellfish 
grounds 311 84 

Herkimer county, pheasants, additional 

protection 115 

Herring, nets, taking with permitted 271 G4 

Homing pigeons, interference with pro- 
hibited 218 47 

Hooking, defined 380 113 

Hudson river, net regulations 2S0 68, 116 

use of nets in 279 67 

Hungarian dark-necked pheasants, term 

pheasants includes 3S0 112 

Hungarian or European grey legged part- 
ridge, no open season 214 45 

Hunting licenses. (See Licenses.) 

I. 

leefish. Lake Champlain, taking in 241 55 

nets, taking with permitted 271 64 

open season ; size limit 241 55 

sale 241 56 

Importation of fish and game. (See Birds; 
Fish ; Game ; Individual Names of Birds, 
Fish and Quadrupeds.) 
Inhabited, term defined 380 113 

J. 

Jamaica bay, use of nets regulated 330 95 

Jefferson county, pheasants, additional 

protection 115 

Jones' inlet, use of nets regulated .... 327, 332 94,96 



158 Index — Part I. 

K. Sec. Page. 
Kingfisher, nests, destroying or robbing 

not prohibited 220 48 

not protected 219 47 

L. 

Lacey act 133-135 

Lake Champlain. (See Missisquoi bay.) 
Lake Erie, black bass, additional protection. . . . 115 
lake trout, eggs and milt to be fur- 
nished commission 235 52 

license to take with net operated 

from power boat 235 52 

open season 235 52 

sale 235 52 

net licenses, schedule of fees 121 

nets, application of regulations 280 68 

rules and regulations 116 

taking fish with 276 65 

whitefish, eggs and milt to be fur- 
nished commission 235 52 

license to take with net operated 

from power boat 235 52 

open season 235 52 

sale 235 52 

Lake George, taking fish in, open seasons. 241-a 66 
Lake Ontario. (See Chaumont bay.) 

lake trout, eggs and milt to be fur- 
nished commission 235 52 

license to take with net operated 

from power boat 235 52 

open season 235 52 

sale 235 52 

net licenses, schedule of fees 121 

nets, application of regulations 280 68 

rules and regulations 116 

taking fish with 276 65 



Index — Part I. 159 

Lake Ontario — {Continued). Sec. Page. 
whitefish, eggs and milt to be fur- 
nished commission 235 52 

license to take with net operated 

from power boat 235 52 

open season 235 52 

sale 235 52 

Lake sturgeon. (See Sturgeon.) 
Lake trout, eggs, taking from lake trout 
in public waters for breeding pur- 
poses 242 '56 

imported, possession and sale per- 
mitted 235 52 

Lakes Erie and Ontario, eggs and 

milt to be furnished commission 235 52 

license to take with net operated 

from power boat 235 52 

open season 235 52 

sale 235 52 

Lake George, open season 241-a 56 

nets for taking, size of mesh 272 65 

open season ; size of catch 234 52 

sale 234 52 

spawn, taking from beds prohibited.. 243 57 

spawning, disturbing, prohibited 243 57 

stocking private ponds or streams 

from public waters, prohibited 242 56 

taken without the State, possession 

in closed season regulated 370 101 

term includes what 380 112 

Landlocked salmon, term lake trout in- 
cludes 380 112 

Land turtles, taking, killing or sale pro- 
hibited 202 41 

Lands, enclosed, how boundary may be 

indicated 380 113 

wholly enclosed, how boundary may 

be indicated 380 113 



T60 Index — Part I. 

Sec. Page. 
X,ewis county, pheasants, additional pro- 
tection 115 

Xicenses, breeding of elk, deer, plieasants 

and ducks 372 103 

collection or possession of quadru- 
peds, birds and birds' eggs 159 14 

eel pots and weirs, schedule of fees 121 

use of 256 61 

grant by conservation commission.... 150 7 
hunting and trapping, alteration pro- 
hibited 185 31 

carrying and exhibiting 185 30 

city and town clerks, reimburse- 
ment 185 34 

reports 185 33 

exception as to owners and occu- 
pants of farm lands 185 31 

fees 185 29 

form 185 33 

grant of 185 28 

non-resident 185 29 

penalties 186 34 

powers under 185 30 

prosecutions 185 32, 33 

resident 185 29 

termination 185 31 

importation of fish and game 178 24 

Lakes Erie and Ontario, license to 
take lake trout and whitefish in 

nets operated from power boat 235 52 

lobster, issuance to non-i'csidents 323 01 

net, appli( ation for ; sureties : return 
of tags ; duration ; revocation ; 

not transferable; exhibition 117,118 

110 

certain waters 116 

fees schedule 120 



Index — Part I. 161 

Licenses — {Continued). 

not — (Continued). Sec. Pagr. 

use of 270 63 

non-resident vessels engaged in fishing 

witli nets 324 92 

skunk propagation and sale 200 40,126 

127 

storage of fisli in close season 375 109 

taking minnows for bait for sale, bond . . . 123 

venison, possession in close season 128 

vessels fishing with nets for purpose of 
making oil or fertilizer from fish 

taken 324 92 

Limicolae. (See Birds.) 
Lobster traps. (See Lobsters.) 

Lobsters, female in spawn not to be taken. . 321 90 

licenses issued to non-residents ; regula- 

ations 323 91 

residents only permitted to take ; cer- 
tain waters excepted '-23 91 

size limit 321 90 

traps, size of openings 322 90 

Long Island sound, devices allowed for tak- 
ing water fowl 212 44 

refuse not to be thrown into certain 

parts 326 03 

use of nets, in parts of, prohibited... 328 94 

M. 

McLean act 137-139 

Madison county, pheasants, additional pro- 
tection llo 

Marine district, described 300 72 

Marine fisheries. (See Marine district; 
Marine fisheries. Bureau of ; Shell- 
fish ; Supervisor of marine fisheries.) 
penalties for violation of provisions as 

to 355 97 

6 



162 Index — Part I. 

Sec. Paqb. 
Marine fisheries, Bureau of. (See Shell- 
fish.) 

continued 301 73 

deputy supervisor 302 73 

office and clerical force 302 73 

shellfish, reports relating to 303 74 

supervisor, appointment 301 73 

duties 301 73 

reports 303 74 

Maskalonsre, Chaumont bay. not to be taken 

with nets in 278 67 

Lakes Erie and Ontario, not to be 

taken with nets in 276 65 

open season, size limit 239 55 

sale 230 55 

Mink, open *;eason 198 40 

Minnows, Jamaix?a bay, may be taken in by 

hand nets 330 05 

license to take for bait 230 51 

not to be taken in waters inhabited by 

trout 230 51 

taking for bait for sale, regulations 123 

In St. Lawrence river, regulated 230 ."1 

Mlssisquoi bay, fish caught in, not to be 

transported into this State 370 101 

Mongolian pheasants, term pheasants in- 
cludes 380 112 

Mongoose, importation, prohibited 135 

Montgomery county, pheasants, additional 

protection 115 

Moose, no open season 194 38 

power of Commission to acquire 157 13 

transportation and possession when 

killed in private park 194 38 

Mud hens, open season ; limit of take 213 45 

Mullet, set and trap lines, taking with .... 254 61 

spears and snatch hooks, taking with. 255 61 



Index — Part I. 163 

Sec. Page. 
Municipal water supply, lands used for game 

not to be taken on 222 49 

Muskalonge. (See Maskalonge.) 

Muskrat, houses not to be injured 201 41 

open season 201 41 

N. 

Naked hooks 176 22 

taking fish by, regulated 255 61 

Nassau county, power of supervisors to regu- 
late taking of fish and shellfish 334 97 

Nests, robbing or destroying, prohibited ; ex- 
ceptions 220 48 

Nets, application of regulation to certain 

waters 280 68 

birds, taking in nets, prohibited 221 48 

buoying required 274 65 

Chaumont bay, use in 278 67 

Coney Island creek, size of mesh 331 95 

Delaware river, use in 279 67 

destruction, when used unlawfully.... 282 68 

expense a county charge 283 69 

when used for taking birds 221 48 

disposal of fish taken unintentionally in 

gill nets 120 

East river, use of nets in parts of, reg- 
ulated 328 94 

Far Rockaway bay, use in, regulated. . 332 96 

fees 120 

Fire Island inlet, use in, regulated. . . 327 94 

Harlem river, use in, prohibited 328 94 

Hudson river, use in 279 67 

Jamaica bay, use in, regulated 330 95 

Jones' inlet, use in, regulated 327,332 94,96 

Lake Erie use in 276 65 

Lakes Erie and Ontario, license to take 
lake trout and whitefish in nets oper- 
ated from power boat 235 53 



164 Index — Part I. 

Nets — (Continued). Sec. Page. 

Lake Outario, use in 270 65 

licensing 210 63 

location, restricted 118 

Long Island sound, use of in parts of, 

prohibited 328 94 

mesh, size of 272 65 

size fixed 119 

size to be fixed by Conservation 

Commission 117 

size of, supervision of Conserva- 
tion Commission 150 7 

minnow, size limited 124 

Niagara river, use in 277 06 

penalties for violations of, provisions 

as to 2S4 60 

regulations to apply to what waters.. 280 68 

reports of fish taken 120 

Rockaway inlet, use iu. regulated.... 327 94 
rules and regulations of Conservation 

Commission 116 

seizure of when unlawfully used, ex- 
pense a county charge 283 69 

superintendent of inland fisheries to 

supervise use 271 64 

tagging 119 

required 274 65 

term includes what 380 113 

time of hauling, regulated 273 65 

use, restricted 176 22 

in waters inhabited by trout, pro- 
hibited 2T5 65 

to be regulated by Conservation 

Commission 270 63 

Zack's inlet, use in, regulated 327 94 

Niagara river, black bass, additional pro- 
tection 115 

use of seines and squat nets in 277 66 



92 
115 



Index — Part I. 165 

Sac. Page. 
Non-resident licenses. (See Licenses.) 
Number, disregarded in construing this ar- 
ticle 380 111 

0. 

Oil, licensing vessels taking fish for mak- 
ing oil 324 

Oneida county, pheasants, additional pro- 
tection 

Open season, defined. 380 111 

Sunday, commencing or closing on... 380 111 
Oswego bass, term black bass includes.... 380 112 
Otsego bass. (See Otsego whitefish.) 
Otsego county, pheasants, additional protec- 
tion 

Otsego lake, nets for Otsego whitefish, size 

of mesh 

Otsego whitefish, nets for taking, size of 

mesh 272 65 

nets for taking in Otsego lake, size of 

mesh 110 

open sea-son ; size of catch 234 52 

sale 234 52 

Ouananische, term lake trout includes 380 112 

Owl. (See Great horned owl; Snow owl.) 

Oysters, beds protected o 316 89 

blue point, use of name prohibited ex- 
cept for oysters, cultivated in Great 

South bay 315 80 

Brookhaven free bay oyster lands ex- 
empt from fee for sanitary inspection 312 86 

South bay, taking in, regulated 314 88 

term shellfish includes 380 112 

Oyster beds, supervision of Conservation 

Commission 150 7 



11'5 
119 



166 Index — Part I. 

P. 

Parks. (See Private parks.) 
Partridge. (See Grouse; Hungarian or 
European grey legged partridge.) 
European red-legged, importation and 

sale, regulated 373 108 

open season, limit of take 214, 215 45, 46 

taking with net, trap or snare, pro- 
hibited 221 48 

term grouse includes 380 112 

Peace officers, powers under fish and game 

law 172 20 

Peconic bay, devices allowed for taking 

water fowl 212 44 

Perch, set and trap lines, taking with 254 61 

use of tip-ups in taking 253 60 

Person, term includes what 380 111 

Pheasants, additional protection in various 

counties 115 

breeding, license : revocation of license 372 103 

manner of killing 372 104 

open season, limit of take 214,215 45,46 

reports 372 107 

tagging 372 104 

taking with net, trap or snare, pro- 
hibited 221 48 

term includes what 380 112 

Pickerel, Lake George, open season 241-a 56 

nets, taking with permitted 271 64 

open season ; size of catch 237 54 

sale 237 54 

taken without the State, possession in 

closed season regulated 370 101 

term includes what 380 112 

use of tip-up« in taking 253 60 

Pigeons, federal law for protection 137-139 

Antwerp or homing, interference with. 

prohibited 218 47 



Index — Part I. 167 

Sec. Page. 
Pike. (See Great Northern pike ; Pickerel.) 

nets, taking witti permitted 271 64 

open season ; size of catch 287 54 

sale 2.37 54 

taken without the State, possession in 

closed season regulated .370 101 

term includes what 380 112 

use of tip-ups in taking 253 60 

Pike perch, Lake George, open season. .. .241-a 56 

nets, taking with, permitted 271 64 

open season ; size limit 236 53 

taken without the State, possession in 

closed season regulated 370 101 

sale 236 54 

term includes what 380 112 

use of tip-ups in taking 253 60 

Plover, European black, importation and 

sale, regulated 373 108 

federal law for protection 137-139 

open season; limit of take 216,217 46,47 

Plumage, defined 380 113 

Pollution of waters. (See Streams; Waters 

in marine district.) 
Pond pickerel, terms pickerel and pike in- 
clude 380 112 

Ponds. (See Private lakes or ponds.) 

I'ound nets, term nets includes 380 113 

Presumptive evidence. (See Fish; Game.) 
Private hatcheries. (See Fish.) 
Private lakes and ponds, fish and game pro- 
tected 365 100 

laying out 360 98 

notices against trespassing, not to be 

defaced 364 100 

posting and maintaining 362 100 

penalties for violations of provisions 

as to 366 100 



168 Index — Part I. 

Private lakes and ponds — {Continued). Sec. Page. 

stocked by state 360 98 

Private lands, not parks, fish and game pro- 
tected 365 100 

notices not to be defaced 864 100 

posting and maintaining 362 100 

penalties for violations of provisions 

as to 366 lOO 

Private parks, fisli and game protected.... 365 100 

laying out 360 98 

notices against trespassing not to be 

defaced 364 100 

posting and maintaining 361 99 

penalties for violations of provisions 

as to 366 100 

stocked by State 360 98 

Private preserves. (See Game.) 
Protectors. (See Game protectors.) 

Q. 

Quadrupeds. (See Game ; name of individual 
animals.) 

license to collect or possess 159 14 

ownership in the State 175 21 

penalties for violations of provisions 

as to 203 41 

power of Commission to acquire 158 13 

protection, enforcement of laws 150 7 

taking, method of, restricted 177 22 

Quail, Egyptian, importation and sale, reg- 
ulated 373 108 

open season ; limit of take 214, 215 45, 46 

taking with not, trap or snare, pro- 
hibited 221 48 

R. 

Rabbits. (See Haves and rabbits.) 

Raccoon, open season 198 40 



Index — Part I. 169 

Sec. Page. 

Rail, federal law for protoction 137-139 

open season ; limit of take 213 45 

Rainbow trout, term trout includes 380 112 

Kallidae. (See Birds.) 

Raritan baj-, fish, except shad, to be taken 

by angling only 329 94 

Red-throat trout, term trout includes 380 112 

Refuse, not to be thrown into certain parts 

of Long Island sound 326 93 

Reindeer. (See Ueer.) 

Richmond county. (See Raritan bay.) 

cotton tail rabbits, additional protec- 
tion 1 15 

Ring-necked pheasants, term pheasants in- 
cludes 380 112 

Rockaway inlet, use of nets, regulated 327 94 

Itoebuck. (See Deer.) 

Roster of protectors 140 

Ruffed grouse, term grouse includes 380 112 

Rules and regulations of Conservation Com- 
mission 116-129 

amendment ; abrogation ; penalties ; 

construction 129 

S. 

Sable, open season 198 40 

Saint Lawrence river, game protector for. . 165 16 
great northern pike or pickerel, limit 

of take 235 52 

Saint Lawrence county, pheasants, addi- 
tional protection 115 

Sandpipers, open season; limit of take. 216, 217 46,47 

Scallops, size limit 318 89 

term shellfish includes 3S0 112 

Scap n(>ts, term nets includes 380 113 

Schenectady county, pheasants, additional 

protection 115 



170 Index — Part I. 

Sec. Page. 
Scientific purposes, license to collect quad- 
rupeds, birds or birds' eggs 159 14 

Scoop nets, term nets includes 3S0 113 

Scoicb grouse. (See Grouse.) 
Sea sturgeon. (See Sturgeon.) 

Seines, term nets includes 380 113 

Seneca lake, use of nets in 271 G4 

Set lines, regulations 123 

use i-egulated 254 61 

use restricted 1~G 22 

Shad, nets, taking with, permitted 271 64 

Raritan bay, taking in by nets, regu- 
lated 329 94 

Shellfish. (See Fish culturist.) 

beds protected 316 S9 

dredges on public ground to be oper- 
ated from boat propelled only by sail 

or oars 317 89 

enemies when taken to be destroyed.. 320 90 
grounds, bacteriologist to make sani- 
tary inspection 310 83 

cancellation of certificate when 

shellfish unfit for consumption. 310 84 

certificate of sanitary condition.. 312 85 

fees 312 86 

revocation 312 86 

termination 312 86 

transfer 312 86 

designation of inspectors by State 

Commissioner of Health 311 84 

franchises, record and fees 333 96 

free bay oyster lands in Brook- 
haven exempt from fee for sani- 
tary inspection 312 86 

grants, record and fees 333 96 

leases, record and fees 333 96 

sanitary inspection 310 83 



Index — Part I. 171 

Shellfish — {Continued). 

grounds — (Continued). Sec. Page. 
sanitary inspection, notice of condi- 
tions to be published 312 87 

lands leased for cultivation, no limita- 
tion on commissioners of land office. 304 77 

leases for cultivation 304 75 

collection of rents 30-5 77 

summary proceedings 304 77 

settlement of disputes 306 78 

taxation of grounds leased 307,308 78,80 

309 82 

marking grounds leased 304 76 

Nassau county, power of supervisors to 

regulate taking 334 97 

pollution of waters, prohibited ... 325, 326 93 
public shellfish grounds, term defined. 312 87 
reports of supervisor of marine fisheries 303 74 
residents only permitted to take ; ex- 
ceptions 319 90 

sale prohibited unless sanitary condi- 
tions be certified 313 87 

starfish to be destroyed 320 90 

Suffolk county, power of supervisors to 

regulate taking 334 97 

supervision of Conservation Commission 150 7 
taking from sunset until sunrise, pro- 
hibited 316 89 

term includes what 380 112 

Sheriffs, powers under fish and game law. . 172 20 
Shinnecock bay, devices allowed for taking 

water fowl 212 44 

Shipping permits. (See Fish; Game.) 
Shortnosed sturgeon. (See Sturgeon.) 
Shrimp, Jamaica bay, may be taken in by 

hand nets 330 95 

Skunk, manner of taking 199 40 

open season 199 40 



172 Index — Part I. 

SkunA — {Continued). Sec. Page. 

propagation and sale, license ; bond ; 

penalty 200 40, 126 

127 

propagation permitted and regulated. 200 40 

Smelt, Lake Champlain, taking in 241 55 

nets, taking with, permitted 271 64 

open season ; size limit 241 55 

sale 241 56 

Snares, birds, snaring, prohibited 221 48 

destruction when used for taking birds. 221 48 

Snatch hooks, taking fish by, regulated. . . 255 61 

use restricted 176 22 

Snipe, federal law for protection 137-139 

open season ; limit of take 216, 217 46, 47 

Snow-owl, nests, destroying or robbing, not 

prohibited 220 48 

not protected 219 47 

South bay, taking oysters in, regulated.... 314 88 

Spears, taking fish by, regulated 255 61 

use restricted 176 22 

Special game protectors. (See Game pro- 
tectors.) 

Speckled trout, term trout includes 380 112 

Spring frogs. (See Frogs.) 

Squirrels, limit of take 195 38 

open season 195 38 

Stake nets, term nets includes 380 113 

Starfish, to be destroyed when taken 320 90 

Starling, importation prohibited 135 

nests, destroying or robbing, not pro- 
hibited 220 48 

not protected 219 47 

State commissioner of health. (See Health, 

state commissioner of.) 
Streams. (See Waters in marine district.) 

obstructing prohibited ; removal of ob- 
struction 246 58 



Index — Part I. 173 

Stream s — (Conti n ued). Sec. Page. 
polluting when injurious to fish, pro- 
hibited 247 58 

Striped bass. (See Bass.) 
Sturgeon, bait or trap lines for taking, reg- 
ulations 123 

Chaumont, taking with nets in 278 67 

lake sturgeon, size limit 238 54 

nets, taking with, permitted 271 64 

sale 238 55 

sea sturgeon, size limit 238 54 

set and trap lines, taking with 254 61 

shortnosed, open season ; size limit. . 238 54 
taken without the State, posses- 
sion in closed season, regulated. 370 101 
Suckers, spears and snatch hooks, taking 

with 255 61 

Suffolk county, power of supervisors to reg- 
ulate taking of fish and shellfish 334 9T 

Sunday, open season commencing or ending 

on 380 111 

Sunfish, set and trap lines, taking with... 254 61 

use of tip-ups in taking 253 60 

Superintendent of inland fisheries designa- 
tion ; salary ; expenses 271 64 

Supervisor of marine fisheries. (See Ma- 
rine fisheries, Bureau of.) 

bond 302 73 

expenses 302 73 

leases for cultivation of shellfish 304 75 

oath of oflSce 302 73 

pollution of waters in marine district, 

to bring criminal action 325 93 

reports relating to shellfish 303 74 

salary 302 73 

sanitary inspection of shellfish grounds 310 83 
to issue certificate and notice of 

condition 312 85 



174 Index — Part I. 

Supervisor of marine tishories— (Continued) .B'EC. Page. 
sbelltish leases, settleuieut of disputes 

as to 306 78 

taxation of shelltisti grounds, duties as 

to 307, 308, 309 78, 80 

82 
Surfbirds, open season; limit of take. .216, 217 46,47 

Swan, federal law for protection 137-139 

open season; manner of taking. 211, 212 43,44 

T. 

Tagging. ( See Fish ; Game ; names of in- 
dividual fish and game.) 

Taking, term defined 380 113 

Tatlers, open season; limit of take. .. .216, 217 40,47 
Taxation of shellfish grounds. (See Shell- 
fish ; Supervisor of marine fisheries.) 

Thumping, prohibited 244 57 

Tip-ups, use regulated 253 60 

use restricted 176 22 

Tortoises. (See Land turtles.) 
Town clerks. (See Licenses.) 
Transportation of fish and game. ( See Birds ; 
Fish ; Game ; individual names of birds, 
fish and quadrupeds.) 
Trap lines, regulations, when used for taking 

sturgeon 123 

use restricted 176 22 

use regulated 254 61 

Trap nets, term nets includes 380 113 

Trapping licenses. (See Licenses.) 

Traps, birds, taking with traps, prohibited. 221 48 

destruction when used for taking birds 221 48 

Trespasses. (See Private lakes aud ponds; 
Private lands, not parks ; Private parks.) 
Trout. (See Lake Trout.) 

artificially propagated, sale ; transpor- 
tation ; possession 125, 126 



Index — Part I. 175 

Trout — (Continued). 

artificially propagated — (Continued). Sec. Page. 

reports 120 



tagging ; fees 124, 1 



o 



J 



eggs, taking from trout in public waters 

for breeding purposes 242 56 

nets, taking with, permitted 271 64 

open season; size of catth 232 51 

propagation in private hatcheries, per- 
mit 371 102 

propagated in private hatcheries, sale.. 371 102 

spawn, taking from beds, prohibited... 243 57 

spawning, disturbing prohibited 243 57 

stocking private ponds or streams from 

public waters, prohibited 242 56 

term includes what 380 112 

waters inhabited by, fish eggs not to 

be placed in 250 50 

taking fish through ice, prohibited 252 60 

tip-ups, prohibited 253 60 

use of eel weirs, prohibited 256 61 

use of nets, prohiliited 275 65 

use of set and trap lines, pro- 
hibited 254 61 

Turtles. (See Land turtles.) 

V. 

Venison, possession, regulated 191 36 

possession in close season, license ; fees ; 

tagging 128 

W. 

Walleyed pike, term pikeperch includes.... 380 112 
Warren county, pheasants, additional pro- 
tection 115 

Washington county, pheasants, additional 
protection 115 



176 Index — Part I. 

Sec. Page. 
Water fowl. (See Birds.) 
Waters in marine district, polluticn pro- 
hibited 325, 326 93 

Whitefisli. (See Otsego whitefish.) 

imported, possession and sale permitted 235 62 
Lakes Erie and Ontario, eggs and milt 

to be furnished Commission 235 52 

license to take with net operated 

from power boat 235 52 

open season 235 52 

sale 235 52 

nets, taking with permitted 271 64 

nets for taking, size of mesh 272 65 

open season; size of catch 234 52 

set and trap lines, taking with 254 61 

spears and snatch hooks, taking with. . 255 61 

sale 234 52 

taken without the State, possession in 

closed season, regulated 370 101 

Wild birds. (See Birds.) 

Woodcock, federal law for protection 137-139 

open season; limit of take 216, 217 46,47 

Wood turtle. (See Land turtle.) 

Y. 

Yellow pike, term pikeperch includes 380 112 

Z. 

Zack's inlet, use of nets, regulated 32T 94 



PART n. 



LANDS AND FORESTS. 



Article four of the Conservation Law (as substituted 
for former article 4 by chap. 444, Laws of 1912, and 
as amended to the close of the regular session of 
1913)- 



ARTICLE 4. 

Lands, Forests and Public Parks. 

Section 50. Forest preserve. 

51. Adirondack park. 

52. Catskill park. 

53. Saint Lawrence reservation. 

54. John Brown farm. 

55. General powers of commission as to 

lands, forests and parks. 

56. Inspection of public parks and reserva- 

tions. 

57. Visitation and inspection. 

58. Powers and duties of commission on in- 

spections. 

59. Recommendations to state institutions. 

ri771 



178 Lands and Forests. 

Section 60. Superintendent of forests, assistant su- 
perintendent of forests and foresters. 

61. Forest pathologist. 

62. Powers of commission in reforestation. 
G3. Trespass on state lands. 

64. Actions to set aside cancellations and 

determine title. 

65. Right of partition. 

66. Appropriation of lands. 

67. State engineer and surveyor; description 

of land appropriated. 

68. Service of notice. 

69. Manner of service. 

70. Description and certificate to be recorded. 

71. Adjustment of claims by agreement. 

72. Board of claims, jurisdiction of. 

73. Board of claims to examine property. 

74. Owner may reserve timber on land ap- 

propriated. 

75. Reservation on lands purchased. 

76. Right to reserve timber restricted. 

77. Compensation for reserved timber land. 

78. Timber reserved, value of land, how de- 

termined. 

79. Appraisers and their compensation. 

80. Adjustment of claims for trespass or 

other injuries. 

81. Perfecting title to lands. 

82. Judgments. 

83. Warrants. 



Lands and Forests. 179 

Section 84. Interest. 

85. Costs and disbursements; wlien offer 

made. 

86. Deeds, contracts, records; where filed. 

87. Removal of timber; use of streams. 

88. Examination of private forest lands. 

89. Exemption of reforested lands from taxa- 

tion. 

90. Limbs and branches to be lopped. 

91. Fire districts; district forest rangers; 

observation stations. 

92. Forest rangers; fire wardens. 

93. Special fire wardens. 

94. Expenses of fighting fire; how paid. 

95. Auditor of fire accounts. 

96. Advances for fighting fires. 

97. Fires to clear lands in certain towns. 

98. Setting fires without permission; felony; 

damages. 
99*. Penalties for setting fires. 

100. Regulations regarding camps and camp- 

fires. 

101. Fire patrol by railroads within forest 

preserve counties. 

102. Fire patrol by railroads outside forest 

preserve counties. 

103. Clearing right of way and fire protection 

devices by railroads in forest lands. 

104. Fire inspectors; railroads. 



180 Lands and Forests. 

Section 105. Rejection from service of defective en- 
gines. 
lO'S. Fire protective devices on portable steam 

sawmills, engines and boilers. 

107. Proclamation by governor in times of 

drouth. 

108. Statistics of forest products. 

109. Definitions. 

110. Laws repealed. 

111. Saving clause. 

112. When to take effect. 

§ 50. Forest preserve. The forest preserve shall 
include the lands owned or hereafter acquired by the 
state within the county of Clinton, except the towns 
of Altona and Dannemora, and the counties of Dela- 
ware, Essex, Franklin, Fulton, Hamilton, Herkimer, 
Lewis, Oneida, Saratoga, Saint Lawrence, Warren, 
Washington, Greene, Ulster and Sullivan, except 

1. Lands within the limits of any village or city, 
and 

2. Lands not wild lands acquired by the state on 
foreclosure of mortgages made to loan commissioners. 

§ 51. Adirondack park. All lands located in the 
forest preserve counties of the Adirondacks within 
the following described boundaries, to wit: — 'Begin- 
ning at the southeast corner of the town of Hope in 
the county of Hamilton, and running thence westerly 
along the southerly lines of -Hamilton county, and 
continuing and following the southerly line of the 
town of Wilmurt, in Herkimer county, to the point 



Lands and Forests. 181 

of intersection with the westerly line of Herkimer 
county, and thence northerly along the westerly linea 
of Herkimer county to its junction with the south- 
westerly line of Saint Lawrence county; thence west- 
erly along said southwesterly line of Saint Lawrence 
county to the most westerly corner of township four- 
teen, great tract three, Macomfe's purchase; thence 
easterly along the northerly line of said township 
fourteen to the northeast corner thereof; thence 
northerly along the west line of township thirteen, 
great tract three, Macomb's purchase, to the north- 
Avest corner of said township thirteen; thence east 
along the north line of said township thirteen and 
the south line of township ten, tract and purchase 
aforesaid, to the southwest corner of the southeast 
quarter of said township ten ; thence north along the 
west line of the said soutlieast quarter of the afore- 
said township ten and the west line of the northeast 
quarter thereof to the north line of said township; 
thence east along said north line to the west line 
of township seven, great tract two, Macomb's pur- 
chase; thence northerly along the west line of town- 
ship seven aforesaid to the northwest corner of the 
township; thence easterly along the northerly lines 
of townships seven and eight, great tract two, Ma- 
comb's purchase, to the southwest corner of township 
twelve of said great tract two; thence northerly along 
the west line of township twelve to the northwest 
corner of lot one in the south half of said township; 
thence easterlv along the north line of said south half 



182 Lands and Forests. 

of said township twelve to the west line of the county 
of Franklin; thence north along the west line of the 
county of Franklin to the northwest corner of the 
south half of township thirteen of great tract one, 
Macomb's purchase; thence easterly along the north- 
erly line of the south half of township thirteen, four- 
teen and fifteen of said great tract one, Macomb's 
purchase, to the west line of the old military tract; 
thence south along said west line to the northwest 
corner of township ten of said old military tract; 
thence easterly along the north line of said township 
ten to the west line of Clinton county; thence south- 
erly along the west line of Clinton county to the 
north line of Essex county; thence easterly along 
the north line of Essex county to the northeast cor- 
ner of the town of Wilmington ; thence along the 
east and easterly line of the town of Wilmington to 
the intersection with the north line of tlie town of 
Keene; thence east to the northeast corner of said 
town of Keene; thence southerly along the easterly 
line of the town of Keene to the southeast corner 
thereof; thence easterly along the northerly line of 
the town of North Hudson to the most northeasterly 
corner of the said towm; thence southerly along the 
easterly lines of the towns of North Hudson and 
Schroon to the southeast corner of the said town of 
Schroon; thence westerly along the southerly line of 
the towns of Schroon and Minerva to the north- 
easterly corner of Leggett's survey of the southwest 
quarter of township fourteen of Totten and Cross- 



Lands and Forests. 183 

field's purchase; thence southeasterly along the line 
of Leggett's survey to the southerly line of said town- 
ship fourteen; thence southwesterly along the line 
of Leggett's survey, being the southerly iiae of said 
township fourteen, to the most southerly corner of 
said township; thence southeasterly along the east- 
erly line of township thirteen and the westerly line 
of township twelve, to the southeasterly corner of 
lot twenty-five of township eleven of said Totten and 
Crossfield's purchase; thence southwesterly along the 
southerly line of lots twenty-five, twenty-six, twenty- 
seven and twenty-eight to the southwesterly corner 
of said lot twenty-eight; thence southeasterly along 
the easterly lines of lots forty-four, fifty-three, sixty- 
eight, seventy-seven and five of said township eleven, 
and of lots nine, twenty-one, thirty, thirty-seven and 
forty of the gore between township eleven of Totten 
and Crossfield's purchase and the Dartmouth patent 
and of lots five of ranges six, seven, eight, nine and 
ten of the Dartmouth patent, great tract, to the 
southeasterly corner of lot five of said range six of 
said patent in Warren county; thence westerly along 
the southerly line of said range six of said Dart- 
mouth patent to the northeasterly line of Palmer's 
purchase; thence southeasterly along the easterly 
line of said Palmer's purchase to the most easterly 
corner of the middle division of said purchase; 
thence southwesterly along the southerly line of the 
said middle division of Palmer's purchase through 
Saratoga county to the easterly boundary of the 



184 Lands and Forests. 

town of Hope in- Hamilton county; thence southerly 
along the east line of the town of Hope to the place 
of beginning, shall constitute and be known as the 
Adirondack park. All lands within such park now 
owned, or which may hereafter be acquired by the 
state, shall be forever reserved and maintained for 
the use of all the people. 

§ 52. Catskill park. All lands located in the coun- 
ties of Greene, Delaware, Ulster and Sullivan within 
the following described boundaries, to wit: — Begin- 
ning in Ulster county at the southeasterly corner of 
great lot five of the Hardenburg patent, thence run- 
ning northwesterly along the southerly boundary of 
said great lot five through Sullivan county to the 
east branch of the Delaware river in Delaware 
county; thence along the southerly bank of the said 
east branch of the Delaware river to the Ulster and 
Delaware railroad at the village of Arkville; thence 
along the said Ulster and Delaware railroad easterly 
to the line between the counties of Delaware and 
Ulster; thence northeasterly along that line to the 
southerly line of Greene county; thence northwesterly 
along the southerly line of Greene county to the line 
between the towns of Halcott and Lexington; thence 
northerly along the easterly line of the town of Hal- 
cott to the line between great lots twenty and twenty- 
one of the Hardenburg patent; thence northerly along 
said line to the south bank of the Bataviakill; thence 
along the southerly bank of the Bataviakill easterly 



Lands and Forests. 185 

to the west line of the state land tract; thence north- 
erly, easterly and southerly along the line of the 
said state land tract to the line between the towns 
of Cairo and Catskill; thence southwesterly along 
said town line to the easterly line of the town of 
Hunter; thence southerly along the said easterly 
line of the town of Hunter to the line of the Harden- 
burg patent; thence easterly, southerly and westerly 
along the general easterly line of the Hardenburg 
patent to the line between the towns of Olive and 
Rochester of Ulster county; thence easterly on said 
line to the point where the Mettacahonts creek crosses 
the same flowing easterly; thence southwesterly 
parallel with the northwesterly line of the town of 
Rochester to the line between the towns of Rochester 
and Wawarsing; thence westerly and southerly along 
the line of the Hardenburg patent to the place of 
beginning, shall constitute and be known as the Cats- 
kill park. All lands within such park, now owned, 
or which may hereafter be acquired by the state, 
shall be forever reserved and maintained for the 
free use of all the people. 

§ 53. Saint Lawrence Reservation. All that part of 
the River Saint Lawrence lying and being within 
the state, with the islands therein, and all that por- 
tion of Lake Ontario adjacent to Jefferson county, 
including Chaumont bay, Guffins bay, Black River 
bay and Henderson bay, with the islands therein, 
and such lands along the shore thereof as are now 



186 Lands and Forests. 

owned by, or shall hereafter be acquired by the state, 
is continued as an international park which shall be 
known as the " Saint Lawrence Reservation." 

§ 54. John Brown Farm. All that certain tract of 
land in the Adirondack park, known as the " John 
Brown Farm," in the town of North Elba, in the 
county of Essex and state of New York, being the 
greater part of lot number ninety-five, Thorn's sur- 
vey, of township number twelve, Old Military Tract, 
now owned by the state pursuant to a deed of gift 
made and executed the twenty-ninth day of March, 
eighteen hundred and ninety-five, by Henry Clews 
and Lucy Madison Clews, his wife, to the people of 
the state of New^ York, shall be and continue to be 
dedicated and used for the purposes of a public park 
or reservation forever. 

§ 55. General powers of the commission as to lands, 
forests and parks. The commission shall : 

1. Have the care, control and supervision of the 
forest preserve and all parks and reservations here- 
inbefore described. 

2. Make all necessary rules and regulations for the 
enforcement of the provisions of this article. 

3. Administer all law^s relating to forest tree cul- 
ture and reforestation. 

4. Publish from time to time pamphlets and circu- 
lars of instruction relative to the care, use, manage- 
ment and protection of forests and woodlands. 



Lands and Forests. 187 

5. Have power to issue licenses to guides and other 
persons engaged in business in the public parks of 
the state on such terms and conditions as it may 
impose. 

6. Cause to be made investigations as to methods 
of reforestation; prevention of forest fires; growth 
studies; yield tables or otherwise to secure compe- 
tent information necessarily required in practical 
forestry. 

7. Have power under the provisions of this act, 
subject to the approval of the governor, to purchase 
lands, forests and rights in timber within the forest 
fireserve counties of the state. 

8. Possess all the powers relating to the forest pre- 
serve and the Adirondack and Catskill parks which 
were vested in the forest purchasing board, and in 
the forest, fish and game commission on the twelfth 
day of July, nineteen hundred and eleven. 

9. Have power to receive and accept in the name of 
the people of the state by gift or devise the fee, or 
other estate therein, of land for forest preserve or 
forestry purposes, and also to receive and accept by 
gift, contribution or bequest, moneys to be used in 
acquiring or improving real estate for such purposes. 

10. Make rules for the prevention of forest fires 
and cause the same to be posted in all proper places 
throughout the state. 

11. Nothing in this chapter shall be construed as 
extending the jurisdiction of the conservation com- 
mission over the real or personal property now or 



188 Lands and Forests. 

hereafter under the control or in the custody of the 
commissioners of the Palisades Interstate Park, but 
said conservation commission is authorized to co- 
operate with said commissioners of the Palisades 
Interstate Park by the joint employment of wardens, 
foresters and keepers, for the mutual protection of 
the lands under the jurisdiction of said respective 
commissions and other state commissions and the 
preservation of the forests thereon and of the fish 
and game therein. 

§ 56. Inspection of public parks and reservations. 
The conservation commission shall have power to 
visit, and inspect all public parks, places and reser- 
vations acquired by the state for scenic, scientific or 
historic purposes, or foi the preservation, protection 
and conservation of the lands, forests and waters of 
the state, or for public health or recreation, the cus- 
tody and supervision of which has not been committed 
by law to any other state officer or state officers, as 
the same are defined by section two of the public 
ofiicers law; and in respect to all societies, associa- 
tions, boards and corporations which have the care, 
management, custody or control of any such public 
parks, places or reservations, or which receive and 
disburse state moneys for any of the above purposes, 
said commission may: 

1. Aid in securing the economic administration of 
all such bodies. 



Lands and Forests. 189 

2. Advise and co-operate with the officers of such 
bodies in the performance of their official duties. 

3. Aid in securing the erection of structures and 
buildings suitable and necessary for the purposes for 
which such public parks, places and reservations were 
established. 

4. Collect statistical information in respect to the 
property, receipts and expenditures of all such bodies. 

5. Co-operate with such bodies in the p.'otection and 
preservation of the lands, waters and other property 
of the state; in the reforestation of any state land 
and in the establishment of a fire patrol system, 
when necessary in the judgment of the commission, 

§ 57. Visitation and inspection. The public parks, 
places and reservations under the jurisdiction of the 
bodies mentioned in the last preceding section may 
be visited and inspected at any and all times by the 
conservation commission, or any member, officer or 
inspector duly appointed by it for that purpose. 
Such commission, or any member thereof, may take 
proofs and hear testimony relating to any matter 
before it, or before such member, upon any such visit 
or inspection. Any member, or officer of such com- 
mission, or inspector duly appointed by it, shall have 
full access to the grounds, buildings, books and papers 
relating to any such body, and may require from the 
officers and persons in charge thereof any information 
he may deem necessary in the discharge of his duties. 
The commission may prepare regulations according to 



190 Lands and Forests. 

which, and provide blanks and forms upon which, 
such information shall be furnished in a clear, uni- 
form and prompt manner for the use of the commis- 
sion. The annual report of the conservation com- 
mission of each year shall give the results of such 
inquiries, with the opinion, conclusions and recom- 
mendations of the commission relating to the same. 
The rights and powers hereby conferred may be en- 
forced by an order of the supreme court after notice 
and hearing. 

§ 58. Powers and duties of commission on inspec- 
tion. On such visits and inspection inquiry shall be 
made to ascertain: 

1. The merits of any and all requests on the part 
of any such body for state aid for any purpose, and 
the amount required to accomplish the object desired. 

2. The sources and amounts of all moneys received 
by such bodies and the proper and economical expen- 
diture of the same, and the condition of the finances 
generally. 

3. Whether the laws of the state, and the rules 
and regulations in relation to such public parks or 
reservations, are being complied with. 

4. The condition of the lands, forests, buildings, 
and other property under the control of such body. 

5. Any. other matter connected with, or pertaining 
to, the usefulness and good management of such 
bodies. 



Lands and Forests. 191 

§ 59. Recommendations to state institutions. The 
conservation commission is authorized and empowered 
to make, or cause to be made, an examination of the 
lands of the state used in connection with state 
institutions, at least once in each year, and at such 
other times as the state officer having jurisdiction 
over such institutions may request; and said com- 
mission shall report the results of such examination, 
and make recommendations thereupon, and give ad- 
vice in reference to the protection and improvement 
of forests and shade trees thereon, to the fiscal super- 
visor of state charities, the superintendent of state 
prisons, or the state commission of lunacy for their 
respective departments. The superintendent or other 
managing officer of such institution shall transmit 
such information in relation to such lands as may 
be requested by the conservation commission, and 
shall render such other assistance as the conservation 
commission shall require. 

§ 60. Superintendent of forests, assistant superin- 
tendent of forests and foresters. The commission 
may appoint a superintendent of forests, an assistant 
superintendent of forests, and necessary state for- 
esters. The superintendent of forests, and in his 
absence or inability to act, the assistant superintend- 
ent of forests^ shall, subject to the direction of the 
commission, have general supervision of the forest 
preserve and the forestry interests of the state, and 
shall enforce all laws and regulations for the pro- 



192 Lands and Forests. 

tection and preservation of the forest preserve, and 
the public parks described in this chapter. The for- 
esters shall perform such duties as may be prescribed 
by the commission. 

§ 61. Forest pathologist. The commission may ap- 
point a forest pathologist who, under the direction 
of the commission, shall make examinations of forest 
trees with respect to disease, and make reports of the 
results of such examinations to the commission. The 
commission shall have the power to advise as to the 
proper disposal of any infected tree or trees or other 
infectious substance, which is liable to spread or 
cause the spread of any injurious tree disease. 

§ 62. Powers of commission in reforestation. The 
commission shall have power to establish nurseries 
for the propagation of trees for the purpose of re- 
foresting land within the state and may purchase 
trees for such purpose. Trees so grown or purchased 
may be used for reforesting lands in the forest pre- 
serve and any of the public parks and lands of the 
state, or may be given to state institutions and the 
bodies mentioned in section fifty-six of this act for 
planting upon the lands thereof, or may be used for 
the purpose of reforesting any other state lands, or 
with the consent of the tribes, to reforest lands 
located within any Indian reservation within the 
state. Stock so grown may also be used for reforest- 
ing any private lands under such contracts, terms 
and conditions as, in the judgment of the commission, 



Lands and Foi-ests. 193 

may be to the public interest, and may be sold to 
municipalities and to private land owners at not to 
exceed the cost of production if used within the 
state for reforesting purposes. The commission may, 
with the approval of the superintendent of state 
prisons, use convicts of any of the penal institutions 
of the state either for the purpose of propagating 
trees or for the field planting, and for said purposes, 
the superintendent of state prisons may permit the 
use of, employ or cause to be employed, convicts con- 
fined in any penal institution of the state, and may 
make such rules as he may deem necessary for the 
proper care of such prisoners while so employed. 
The commission may also propagate other trees or 
shrubs Avhich may be given for the use of state insti- 
tutions or planting along improved highways. Any 
common carrier may transport such stock from such 
nurseries free of charge, or at a rate that may be 
lower than the established tariff rate. 

§ 63. Trespass on state lands. 1. Forest rangers, 
district forest rangers, inspectors, land appraisers, 
game protectors and fire wardens, shall upon the 
discovery of a trespass, as defined by section one 
hundred and nine of this chapter, upon the forest 
preserve or other lands owned by the state, forthwith 
report the same in writing to the superintendent of 
forests. All such officials shall have the power to 
arrest without warrant any person detected in tres- 
passing as aforesaid, and shall take such person 
7 



194 Lands and Forests. 

immediately before a magistrate having jurisdiction 
for examination or trial; and they shall immediately 
report such action to the commission. 

2. Actions may, on the order of the commission, be 
maintained in the name of the people, 

(a) To recover damages for trespass or waste 
on lands in the forest preserve or other lands owned 
by the state, or to prevent trespass or injury thereto, 
with relief by temporary or final injunction; or 

(b) To recover the possession of any such lands. 
A person who cuts, destroys or carries away, or 

causes to be cut, destroyed or carried away, any tree, 
timber, wood or bark from state lands in the forest 
preserve counties or other lands owned by the state, 
except buildings or other structures authorized by 
the commission to be removed, is guilty of a mis- 
demeanor if the value thereof is less than twenty-five 
dollars; if the value thereof is twenty-five dollars or 
upwards such person is guilty of a felony; he shall 
also be liable to a penalty of ten dollars for each 
tree cut, taken away or destroyed. The penalty so 
incurred may be recovered in the action to recover 
damages for trespass or in a separate action. [As 
amended by chap. 723, Laws 1913.] 

§ 64. Actions to set aside cancellations and deter- 
mine title. 1. Said commission may, and it is hereby 
given the exclusive power to bring, in the name of 
the people of the state any action or special proceed- 
ing, which an owner of land would be entitled to 



Lands and Forests. 195 

bring, in a court of justice or before the comptroller 
of the state. 

(a) To set aside the cancellation of any sale of 
land for taxes, or 

(b) To ascertain and determine in trespass, eject- 
ment or other suitable action, the title to any landa 
claimed by the commission to be owned by the people 
of the state, within the Adirondack or Catskill parks, 
or in any of the forest preserve counties, claimed by 
any person or persons, association or corporation 
adversely to the state, and 

[As amended by chaps. 527 and 719, Laws 1913.] 

(c) If such lands are held or occupied by or under 
such claimants, to recover the possession thereof; 
and 

(d) To demand an accounting and recover damages 
for any timber cut or removed from any lands in- 
volved in any such action, and 

(e) If demanded in the complaint, to recover triple 
damages therefor. But the provisions of this section 
shall not impair any power now possessed by the 
attorney-general to protect and preserve the rights 
of the state. 

2. Said commission may make any demand, tender 
or offer, before or after commencing any action or 
special proceeding, deemed necessary or proper for 
the purpose of entitling it to enforce or defend any 
right or claim on behalf of the state; and may, in 
its discretion, settle and compromise any suits and 



1P6 Lands and Forests. 

special proceedings authorized by this section and 
adjust the claims involved therein. 

3. Said commission mav, and it is hereby given 
power to bring, in the name of the people of the 
state, any action or proceeding in a court of justice, 
which an owner of land would be entitled to bring, 
to perfect the state's title, or record title, to land 
owned or claimed by it, within the Adirondack or 
Catskill parks or in the forest preserve counties of 
the state, and any other action or special proceeding 
with respect to such lands which an owner of lands 
would be entitled to bring. All such actions and 
proceedings shall be brought in the county where 
the lands are located, and a preliminary or final 
injunction may, on application in an action or pro- 
ceeding brought under this section, be granted re- 
straining any act of trespass, waste or destruction 
upon any lands within the Adirondack or Catskill 
parks, or within the forest preserve counties owned 
or claimed to be owned by the state, or which may 
hereafter be acquired by the state. No settlement 
or compromise provided for in this section, and which 
shall affect anv title of the state to any lands, shall 
be made without the approval of the governor, and 
the same shall be subject to the provisions contained 
in section nine of this chapter respecting the settle- 
ment, withdrawal and discontinuance of actions, suits 
and proceedings. 

§ 65. Right of partition. \Yhenever the state owns 
an undivided interest in common in lands in the 



Lands and Forests. 197 

forest preserve counties, or is in possession of such 
lands as joint tenant with another having a free- 
hold estate therein, the attorney-general shall, on the 
order of the commission, bring an action in the name 
of the people for the actual partition thereof. On 
the written consent of the commission a co-tenant 
may maintain an action for the actual partition of 
such land, making the state a party defendant, and 
service of process upon the attorney-general shall be 
deemed service upon the state. Lands shall not be 
sold in such an action, nor shall costs be allowed 
against the state. Actual partition of such lands 
subject to the approval of the comptroller, may be 
made by the commission and the owner without an 
action brought therefor, and the comptroller may, in 
the name of the people, make any conveyance neces- 
sary or proper in such partition. Such conveyances 
shall be recorded in like manner as conveyances made 
by commissioners of the land office. 

§ 66. Appropriation of lands. Said commission 
may: 

1. Enter upon and take possession of any lands, 
forests, and rights in timber upon such lands, and 
waters, or any part, or portion thereof, within the 
Adirondack and Catskill parks, the appropriation 
of which, in the judgment of said commission, shall 
be necessary for public park purposes, or for the 
I^rotection and conservation of the lands, forests 
and waters within the state, and 



198 Lands and Forests. 

2. Enter upon and take possession of any lands 
and waters within the state that may be necessary, 
m the judgment of said commission, for the purpose 
of artificial propagation of food and game fish for 
restocking the public waters of the state. 

§ 67. State engineer and surveyor: description of 
land appropriated. Upon the request of said com- 
mission, an accurate description of such lands, for- 
ests, and rights in timber upon such lands^ and 
waters so entered upon and appropriated, shall be 
made by the state engineer and surveyor and certified 
by him to be correct, and said commission, or a 
majority thereof, shall indorse on such description a 
certificate stating that the lands, forests, and rights 
in timber upon such lands, and waters described 
therein have been appropriated by the state for the 
purpose of making them a part of the Adirondack 
or Catskill parks, or for the protection and con- 
servation of the land, forest or waters within the 
state, or for fish hatchery purposes; and such de- 
scription, and certificate shall be filed in the office 
of the comptroller, and certified copies thereof filed 
in the office of the conservation commission. 

§ 68. Service of notice. The said commiission shall 
thereupon cause a duplicate of said description and 
certificate, with notice of the date of filing thereof 
in the office of said comptroller, to be served on the 
owner or owners of the lands, forests, and rights in 



Lands and Forests. 199 

timber upon such lands and waters so appropriated; 
and from the time of such service the entry upoR 
and appropriation by the people of the state of the 
property described in such notice shall be deemed 
complete, and thereupon such property shall become, 
and be, the property of the people of the state. Such 
notice shall be conclusive evidence of an entry and 
appropriation by the state; but the service of such 
notice shall raise no presumption that the lands, 
forests, and rights in timber upon such lands, de- 
scribed therein are private property. 

§ 69. Manner of service. Service of the notice and 
papers provided for under the preceding section must 
be personal if the person to be served can be found 
within the state. If the person to be served falls 
within any of the classes mentioned in section four 
hundred and thirty-eight of the code of civil pro- 
cedure, the provisions of article second, title one of 
chapter five of the code of civil procedure relating 
to the service of a summons in an action in the 
supreme court, shall apply, so far as practicable, to 
the service of such notice and papers. 

§ 70. Description and certificates to be recorded. 
Said commission shall thereupon cause a duplicate 
of such description, certificate, and notice of filing, 
with an aftidavit of due service thereof on such owner 
or owners, to be recorded in the books used for record- 
ing deeds in the office of the clerk of any county of 
this state in which any of the property described 



200 Lands and Forests. 

therein may be situated; and the record of such 
notice, and of such proof of service, shall be presump- 
tive evidence of due service thereof. 

§ 71. Adjustment of claims by agreement. Claims 
for the value of the property appropriated, and for 
legal damages caused by any such appropriation, may 
be adjusted by the commission, if the amount thereof 
can be agreed lipon with the owner or owners thereof. 
Upon making any such adjustment and agreement 
the commission shall deliver to the comptroller a 
certificate stating the amount due to said owner on 
account of such appropriation of his land or other 
property, and the amount so fixed shall be paid by 
the treasurer upon the warrant of the comptroller. 

§ 72. Board of claims, jurisdiction of. If the com- 
mission and the owner or owners of the property so 
appropriated fail to agree upon the value of such 
property, or upon the amount of legal damages result- 
ing from such appropriation, within one year after 
the service of the notice and papers provided for in 
section sixty-eight of this chapter, such owner may, 
within two years after the service of such notice and 
papers, present to the board of claims a claim for 
the value of such land and legal damages; and said 
board shall have jurisdiction to hear and determine 
such claim and render judgment thereon. Upon filing 
in the office of said commission, and in the office of 
the comptroller, a certified copy of the judgment of 



Lands and Forests. 201 

the board of claims, and a certificate of the attorney- 
general that no appeal from such judgment has been, 
or will be taken, by the state, or if an appeal has 
been taken, a certified copy of the final judgment of 
the appellate court affirming in whole or in part the 
judgment of the board of claims, the comptroller 
shall issue his warrant for the payment of the 
amount due the claimant by such judgment, with 
interest from the date of the judgment until the 
thirtieth day after the entry of such final judgment, 
and such amount shall be paid by the treasurer. 

§ 73. Board of claims to examine property. The 
board of claims, if requested by the claimant or the 
attorney-general, shall examine the real property 
affected by the claim of damages for the appropria- 
tion thereof and take testimony in relation thereto 
in the county where such property or a part thereof 
is situated. 

§ 74. Owner may reserve timber on land appropri- 
ated. 1. The owner of land taken under this article 
may, with the written consent of the conservation 
commission, and within the limitations hereinafter 
prescribed, reserve the trees thereon eight inches or 
more in diameter, breast high, at the time of the 
service of the notice. Such reservation must be 
exercised within six months after the service upon 
the owner of a notice of the appropriation, by the 
owner serving upon such commission a written notice 
that he elects to reserve such trees. If such notice 



202 Lands and Forests. 

be not served by the owner within the time above 
specified he shall be deemed to have waived his right 
to such reservation, and such trees shall thereupon 
become and be the property of the state. 

The presentation of a claim to the board of claims 
before the service of a notice of reservation shall be 
deemed a waiver of the right to such reservation. 

§ 75. Reservation on lands purchased. Land ac- 
quired by purchase may be taken subject to the reser- 
vation of the trees thereon down to eight inches in 
diameter, breast high, at the time of such purchase, 
with the right to the owner to remove the same 
within the time specified in the next section, or upon 
agreement between the commission and the owner, 
subject to any lease, mortgage, or other incumbrance, 
not extending fifteen years beyond the date of acquisi- 
tion. The amount or value of any such lien, incum- 
brance or timber reservation, upon land so purchased, 
shall be deducted from the purchase price thereof. 

§ 76. Right to reserve timber restricted. The right 
to reserve timber, and the manner of exercising and 
consummating such right, are subject to the following 
restrictions, limitations and conditions: 

1. Timber within twenty rods of a lake, pond or 
river cannot be reserved. Under the supervision of 
the commission roads may be cut or built across or 
through such excepted space of twenty rods, for 
the purpose of removing trees from adjoining lands, 
and the person reserving such timber on the adjoin- 



Lands and Forests. 203 

ing lands^ his legal representatives or assigns, shall 
have the right, which right shall be deemed a part 
of such reservation, to construct such roads, through 
and across the reserved timber land, and through 
and across such excepted strip, as may be necessary 
to remove the timber so reserved ; but in constructing 
such roads only such trees shall be cut as are within 
the limits of such roads. The commission may pre- 
scribe the manner of all such roads and may permit 
the use of any dead, down or other necessary timber 
for the construction only of roads, skidways, lumber 
camps, or for fuel, which right shall also be deemed 
a part of the soft wood timber reservation by the 
owner. No trees or timber shall be cut for the con- 
struction of roads, camps or other purposes, except 
such as are reserved by the owner, or for which per- 
mission to cut has been given as provided in this 
section. 

2. All timber reserved by the owner must be re- 
moved from the land within fifteen years after the 
services of notice of reservation or the making of 
the contract of purchase, subject to reasonable regu- 
lations to be prescribed by the commission; such 
land shall not be cut over more than once, and said 
commission may prescribe reasonable regulations for 
the purpose of enforcing this limitation. All timber 
reserved, and not removed from the land within such 
time, shall thereupon become and be the property of 
the state, and all title or claim thereto by the original 



204 Lands and Forests. 

owner, his legal representatives or assigns, shall 
thereupon be deemed abandoned. 

§ 77. Compensation for reserved timber lands. A 
person who reserves timber as provided in this 
article shall not be entitled to any compensation 
for the value of the land purchased or taken and 
appropriated by the state, or for any damages caused 
thereby, until 

1. The timber so reserved is all removed and the 
object of the reservation fully consummated; or 

2. The time limited for the removal of such timber 
has fully lapsed, or the right to remove any more 
timber is waived by a written instrument filed with 
said commission; and 

3. Said commission is satisfied that no trespass on 
state lands has been committed by such owner, or 
his assigns, or legal representatives; that no timber 
or other property of the state, not so reserved, has 
been taken, removed, destroyed, or injured by him 
or them, and that a cause of action in behalf of the 
state does not exist against him or them for any 
alleged trespass or other injury to the property or 
interests of the state; and 

4. That the owner, his assignee or other legal 
representatives, has fully complied with all rules, 
regulations and requirements of said commission con> 
cerning the use of streams, or other property of the 
state, for the purpose of removing such timber. Pro- 
vided, however, that said commission may at any 



Lands and Forests. 205 

time by its certificate filed with the comptroller 
direct the payment to the owner of such land, his 
legal representatives or assigns, of the compensation 
therefor, or a part thereof, at such time and upon 
such conditions, as may be set forth in the certificate. 

§ 78. Timber reserved; value of land; how deter- 
mined. If timber be reserved, its value at the time 
of making an agreement between the owner and said 
commission for the value of the land so appropri- 
ated, and the legal damages caused therebj^ or at 
the time of the presentation to the board of claims 
of a claim for such value and damages, shall be taken 
into consideration in determining the compensation 
to be awarded to the owner on account of such 
appropriation either by such agreement or by the 
judgment rendered upon such a claim. 

§ 79. Appraisers and their compensation. Said 
commission may appoint appraisers to examine the 
lands offered for sale to the state and ascertain the 
value of such lands and the timber thereon and report 
to the commission. Said commission shall fix the 
compensation of all appraisers and all their assist- 
ants, employed by the commission, which compensa- 
tion shall be paid by the treasurer upon the certifi- 
cate of the commission and the audit and warrant 
of the comptroller. A person so appointed may be 
removed at the pleasure of the commission. 

§ 80. Adjustment of claims for trespass or other 
injuries. In cases of trespasses or other injuries to 



206 Lands and Fm^ests. 

lands or property purchased or acquired by the state 
the commission may settle and adjust any claims 
for damages due to the state on account of any such 
trespasses or other injuries to property or interests 
of the state, or penalties incurred by reason of such 
trespasses or otherwise, and the amount of such dam- 
ages or penalties so adjusted shall be deducted from 
the original compensation agreed to be paid for the 
land, or for damages, or from a judgment rendered 
by the board of claims on account of the appropria- 
tion of such land. A judgment recovered by the 
state for such a trespass or for a penalty shall like- 
wise be deducted from the amount of such compensa- 
tion or judgment. 

§ 81. Perfecting title to lands. Said commission 
shal take such measures as may be necessary or 
proper to perfect the title to any lands in the forest 
preserve counties now held by the state, and for 
that purpose may pay and discharge any valid lien 
or incumbrance upon such land, or may acquire any 
outstanding or apparent right, title, claim or interest 
which, in its judgment, constitutes a cloud on such 
title. The amounts necessary for the purposes of 
this section shall be paid by the treasurer upon the 
certificate of the commission and the audit and war- 
rant of the comptroller, together with the expenses 
of the examination of the title thereto. 

§ 82. Judgments. When a judgment for damages 
is rendered for the appropriation of any lands or 



Lands and Forests. 207 

waters for the purposes specified in this article, and 
it appears that there is any lien or incumbrance upon 
the property so appropriated, the amount of such 
lien shall be stated in the judgment, and the comp- 
troller may deposit the amount awarded to the claim- 
ant in any bank in which moneys belonging to the 
state may be deposited, to the account of such judg- 
ment, to be paid and distributed to the persons en- 
titled to the same as directed by the judgment. 

§ 83. Warrants. A warrant shall not be drawn by 
the comptroller for the amount of compensation 
agreed upon between the owner and said commission, 
nor for the amount of a judgment rendered by the 
board of claims, until a further certificate by the 
commission is filed with the comptroller to the effect 
that the owner has not reserved any timber and that 
he, his assignee or other representative, has complied 
with the provisions of this article, or has otherwise 
become entitled to receive the amount of the purchase 
price, award or judgment. 

§ 84. Interest. If timber is reserved upon land 
purchased or appropriated as provided by this article, 
interest is not payable upon the purchase price, or 
the compensation which may be awarded for the 
value of such land, or for damages caused by such 
appropriation, except as provided in section seventy- 
two of this chapter. 



208 Lands and Forests. 

§ 85. Costs and disbursements; when offer made. 
If an offer is made by said commission for the value 
of land appropriated, or for damages caused by such 
appropriation, and such offer is not accepted, and 
the recovery in the board of claims exceeds the offer, 
the claimant is entitled to costs and disbursements as 
in an action in the supreme court, which shall be 
allowed and taxed by the board of claims and in- 
cluded in its judgment. If in such a case the recov- 
ery in the board of claims does not exceed the offer, 
costs and disbursements to be taxed shall be awarded 
in favor of the state against the claimant and de- 
ducted from the amount awarded to him; or if no 
amount is awarded, judgment shall be entered in 
favor of the state against the claimant for such 
costs and disbursements. If an offer is not accepted, 
it can not be given in evidence on the trial. 

§ 86. Deeds, contracts, records; where filed. All 
contracts, deeds, of gift or purchase, and papers 
relating to appropriations of land, authorized by 
this chapter, and the abstracts of title to said lands 
shall be approved by the attorney-general, and a 
certificate of such approval shall accompany such 
papers, or be endorsed thereon; and all such original 
contracts, deeds of gift or purchase, and papers con- 
stituting the record of appropriation, shall be filed in 
the office of the comptroller, and the conveyances, 
recorded as provided by law, and certified cop'es of 
all such contracts, deeds of gift or purchase, and 
papers relating to appropriations of land and all 



Lands and Forests. 209 

abstracts of search and title relating to lands in the 
forest preserve shall be filed in the office of the con- 
servation commission. And this section shall be 
sufficient authority and direction to the various state 
officers, boards or commissions having any such con- 
veyances, documents or papers in their possession to 
deliver the same to the comptroller, to be by him 
recorded and filed according to law. 

§ 87. Removal of timber; use of streams. Persons 
entitled to cut and remove timber under this article 
may use streams or other waters of the state within 
the forest preserve counties for the purpose of remov- 
ing such timber, under such regulations and condi- 
tions as may be prescribed or imposed by the commis- 
sion. The persons using such waters shall be liable 
for all damages suffered by the state or any person 
caused by such use. 

§ 88. Examination of private forest lands. To the 

end that the water supply of the state may be con- 
served, the forests protected, and the public interests 
safeguarded, the commission may enter upon any 
private forest or wood lands for the purpose of in- 
spection and examination relative to the practice of 
the proper methods of forestry, and may thereafter 
advise the owner or occupant of such lands in respect 
thereto. 

§ 89. Exemption of reforested lands from taxation. 
In consideration of the public benefit to be derived 



210 Lands and Forests. 

from the planting and growing of forest trees, and 
to the end that the growth of forest trees may be 
encouraged and the water supply of the state pro- 
tected and conserved, and that floods may be pro- 
vented, the owner of any waste, denuded or wild 
forest lands, of the area of five acres or upwards, 
within the state, which are unsuitable for agricul- 
tural purposes, who shall agree with the commission 
to set apart for reforestation or for forest tree cul- 
ture, the whole, or any specific portion of such waste, 
denuded or wild forest lands, of the area of five 
acres or upwards, may apply to the conservation 
commission, in manner and form to be prescribed by 
it, to have such lands separately classified as lands 
suitable for reforestation or underplanting within the 
purposes and provisions of this section. Each appli- 
cation for such classification shall be accompanied 
by a plot and description of the land, and shall state 
the area, character and location thereof, and such 
other information in reference thereto as the com- 
mission may require; such application shall be accom- 
panied by a certificate of the assessors of the tax 
district or districts in which said lands are located, 
which shall set forth the assessed valuation of said 
lands for the last five years preceding the date of 
such application; or if said lands have not been sepa- 
rately assessed during any part of said period, or the 
timber has been removed therefrom at any time 
during said period of five years, by a sworn statement 
of the assessors of the value of said lands, wliich 



Lands and Forests. 211 

lands shall be valued at the same rate as other waste, 
denuded or wild forest lands in said tax district, 
similarly situated; such application shall also con- 
tain a declaration that the owner intends to reforest 
or underplant the lands described in such application 
with such number and kind of trees per acre and in 
such manner as the commission shall specify, and 
to comply with all reasonable rules and regulations 
of the commission in reference to future care and 
management of said lands and trees. 

If it appears from said application and certificate 
or sworn statement that said lands are suitable for 
reforestation or underplanting purposes and have not 
been assessed during the period of five years next 
preceding the date of such application at an average 
valuation of more than five dollars per acre, or that 
similar lands in said vicinity have not been assessed 
for more than five dollars per acre, the said commis- 
sion shall, as soon as practicable after the receipt 
of such application, cause an examination to be made 
of the lands for the purpose of determining whether 
or not it is of a character suitable to be reforested 
or underplanted and to be classified as such. After 
such examination if the commission shall determine 
that such lands are suitable for reforestation or 
underplanting, it is hereby empowered to enter into 
a written agreement with the owner, which agreement 
shall be to the effect that the commission will fur- 
nish said owner, at a price not to exceed cost of 
production, trees to be set out upon said lands, the 



212 Lands and Forests. 

kind and number to be prescribed by the commission, 
and to be set forth in said agreement; that the owner 
will set out upon said land the number and kind of 
trees per acre designated by the commission; and 
that said land will not be used for any purpose other 
than forestry purposes, during the period of exemp- 
tion, without the consent of the commission; and 
that said lands and the trees thereon will be managed 
and protected at all times during the period of said 
exemption in accordance with the directions and 
instructions of the commission. Said agreement shall 
be recorded in the office of the county clerk of the 
county where the lands are situated, and the pro- 
visions thereof shall be deemed to be and be covenants 
running with the land. Within one year after the 
making of such agreement, said lands shall be planted 
by the owner with the number and kind of trees 
specified therein; and the owner shall file with the 
commission an affidavit making due proof of such 
planting, which affidavit shall remain on file in the 
office of said commission. Upon the filing of such 
affidavit the commission shall cause an inspection of 
such lands to be made by a competent forester who 
shall make and file with said commission a written 
report of such inspection. If the commission is 
satisfied from said affidavit and report that the 
lands have been forested in good faith as provided in 
said agreement, it shall make and execute a certifi- 
cate under its seal, and file the same with the county 
treasurer of the county in whicli the lands or any 



Lands and Forests. 213 

part thereof so forested are located, which certificate 
shall set forth a description of said lands, the area 
and the owner thereof, the town in which the same 
are situated, a statement that the land has been 
separately classified for taxation in accordance with 
the provisions of this section and a valuation, in 
excess of which, said lands shall not be assessed for 
the period of thirty-five years, which valuation shall 
not in any event be greater than the average valua- 
tion at which the same lands were assessed for the 
last five years preceding the date of said applica- 
tion, or the value of such lands as appears by the 
aforesaid sworn statements of the assessors of such 
tax district, and a statement that the trees and 
timber thereon shall be exempt from taxation during 
said period. Upon the filing of such certificate it 
shall be the duty of the county treasurer to file 
with the assessors of each tax district in which the 
lands described are located, a certified cojjy thereof, 
and the assessors of such tax district shall place 
the lands according to the description contained 
in said certificate upon the next assessment-roll, 
prepared for the assessment of lands within such 
tax district, at a valuation not to exceed the amount 
stated in said certificate, and not to exceed the 
assessed valuation of similar lands in said tax 
district; and said assessors shall insert upon the 
margin of said assessment-roll opposite the descrip- 
tion of said lands, a statement that said lands shall 
not be assessed during the period of thirty-five jears 



214 Lands and Forests. 

at a value in excess of said amount and that the 
trees and timber growing upon said land shall be 
wholly exempted from taxation during said period; 
and said assessors shall also insert upon the margin 
of said assessment-roll the date of expiration of 
said exemption. Such lands shall be assessed, and 
continue to be assessed, and carried in such manner, 
upon the assessment-rolls, of such towns until the 
end of the exemption period. In the event that 
lands so classified shall, in the judgment of the 
commission, cease to be used exclusively for forestry 
purposes to the extent provided in the agreement 
between the conservation commission and the owner, 
or that said owner has violated its terms, or any 
reasonable rules and regulations of the commission 
in respect to the use of or the cutting of timber on 
said lands, the exemption from taxation provided 
in this section shall no longer apply; or at the 
election of the commission such owner may be also 
restrained from said acts by injunction; and the 
assessors having jurisdiction shall, upon the direc- 
tion of the commission, assess said lands against 
the owner at the value, and in the manner provided 
by the tax law for general assessment of land. 

The planting or underplanting of a tract in forest 
trees in compliance with the agreement as provided 
in this section shall be taken and deemed to be an 
acceptance by the owner of the exemption privileges 
herein granted and of the conditions herein imposed; 
and in consideration of the public benefit to be 



Lands and Forests. 215 

derived from the planting^ underplanting, cultiva- 
tion and growth of such trees the exemption of 
such trees from taxation and the taxation of the 
land upon which such trees are grown as herein 
provided, shall be continued and is hereby assured; 
and the right to such exemption and taxation shall 
be inviolable and irrevocable as a contract obligation 
of the state, so long as the owner of the land so 
planted shall fully comply with and perform the 
conditions of such contract not exceeding said period 
of thirty-five years. 

§ 90. Limbs to be cut off. Every person who shall, 
within any of the towns enumerated in section ninety- 
seven of this chapter except as hereinafter provided, 
fell or cause to be felled or permit to be felled any 
evergreen trees for sale or other purposes shall cut 
off or cause to be cut off from the said trees and 
the limbs thereof, at the time of felling the said 
trees or at a time to be fixed by the commission as 
hereinafter provided, all the limbs thereof up to a 
point where the trunk or branch has a longest diame- 
ter which does not exceed three inches, unless the 
said tree be felled for sale and use with the limbs 
thereon or for use with the limbs thereon. If the 
commission shall by resolution determine that no 
danger to neighboring or other forests will arise 
if the limbs of trees growing on particular lands to 
be described in said resolution are not cut off at 
the time of felling the said trees, the limbs thereof 
need not be cut off at that time but in that case 



216 Lands and Forests. 

the same shall be cut off as above required at the 
time fixed by the commission and such time shall be 
fixed in said resolution. If the commission shall by 
resolution determine that no danger to neighboring 
or other forests will arise if the limbs of trees grow- 
ing on particular lands to be described in said reso- 
lution are not cut off if said trees are felled, then 
this section shall not apply to the person who shall 
fell said trees or who shall cause them to be felled 
or permit them to be felled. 

Any person violating the provisions of this section 
shall be guilty of a misdemeanor and shall, upon 
conviction, be liable to a fine of not more than 
twenty-five dollars or to imprisonment for not more 
than thirty days or to both such fine and imprison- 
ment for each offense and in addition shall be liable 
to a penalty of two dollars for each and every tree 
felled and from which he shall fail or neglect to 
cut off or cause to be cut off the limbs as required 
by this section. 

[As amended by chap. 723, Laws of 1913.] 

§ 91. Fire districts; district forest ranger; obser- 
vation stations. For the prevention and fighting of 
forest fires, the commission shall, 

1. Make and enforce such rules and regulations as 
may be necessary and proper for the organization, 
maintenance, government and direction of the fire 
protective system provided for in this article. 

2. Divide lands which are within the territory de- 



Lands and Forests. 217 

scribed in section ninety-seven of this act into such 
number of suitable and convenient fire districts as 
in its judgment may be necessary. 

3. Appoint a district forest ranger for eacli of 
such fire districts who shall act during the pleasure 
of the commission at an annual salary of not to 
exceed fifteen hundred dollars and necessary expenses. 
Said district forest rangers shall, under the direction 
of the commission, have charge of the fire fighting 
system and men in such districts; and shall be 
charged with the duty of preventing and extinguish- 
ing forest fires and with the performance of such 
other duties as may be required by the commission. 

4. Provide all proper fire-prevention and fire-fight- 
ing implements and apparatus, organize fire com- 
panies and establish observation stations and employ 
men to attend them in all fire districts established 
as herein provided; provide fire signals and adopt a 
fire signal code for use therewith; construct and 
maintain telephone lines and provide such other 
means of communication as shall be necessary to 
prevent and fight forest fires. 

5. Cause trails to be cut, ditches to be dug and 
barriers to be erected in the forests of such fire 
districts as may, in its judgment, be necessary to 
enable all persons quickly to reach the location of 
fires and to prevent and fight the fires. 

§ 92. Forest rangers; fire wardens. 1. With the 
approval of the commission each district forest 



218 Lands and Forests. 

ranger shall divide his fire district into such sepa- 
rate fire districts as the public interests require. 

2. The commission shall employ such number of 
suitable persons as may be necessary, to be known 
as forest rangers, to remain within and patrol one 
or more of such fire districts, as long as may be 
required, and to prevent and extinguish any fires 
which may be started therein, and to perform such 
other duties as the commission may prescribe, at 
monthly salaries of not to exceed seventy-five dollars 
per month and necessary expenses. Each such forest 
ranger so employed may be supplied with such 
tents, camps, fire-fighting implements, food and cook- 
ing utensils as in the judgment of the commission 
may be necessary. All forest rangers so employed 
shall be furnished with a copy of the rules and 
regulations adopted by the commission for prevent- 
ing and fighting forest fires, and shall at all times 
strictly observe and comply with such rules and 
regulations. The district forest ranger, the forest 
ranger, game protector, or any other officer charged 
with the duty of fighting fires, may, when necessary, 
employ men and teams to fight forest fires and fore- 
men, to be known as fire wardens, to direct the work 
of men who are actually engaged in fighting forest 
fires, and may incur any other necessary expenses, 
and may summon any male person of the age of 
eighteen years and upwards to assist in fighting 
forest fires. Any person so summoned who is physi- 



Lands and Forests. 219 

cally able and refuses to so assist, shall be liable 
to a penalty of twenty dollars. 

3. An action for trespass shall not lie against per- 
sons crossing or working upon lands of another to 
prevent or fight fires, or performing any other duties 
required by this chapter. 

4. Each forest ranger shall make a report to the 
district forest ranger of the district in which he is 
employed of every fire which is started or burns 
within his fire district, stating the cause and source 
of such fire, the extent and character of the land 
burned over and the means used for fighting the 
fi.re. The district forest rangers shall transmit all 
such reports to the commission, and shall also report 
all other fires of which they have personal knowl- 
edge, giving the particulars thereof as is required 
of the forest ranger. All men employed under the 
provisions of sections ninety-one, ninety-two and one 
hundred and one of this article shall, as emergency 
employees, be exempt from the provisions of the 
civil service laws of this state. 

§ 93. Special fire wardens. Where owners of wood- 
lands, or any organization, shall maintain a fire 
patrol for protection of woodlands the commission 
may designate such patrolman as special fire war- 
den and give to him, for the protection of lands 
patroled by him or adjacent thereto, all the rights 
and powers of forest rangers as herein provided; and 
such special fire warden shall be paid wholly by 
such owners or organizations. 



220 Lands and Forests. 

§ 94. Expenses of fighting fires; how paid. 

1. All salaries, costs and expenses incurred by th-^ 
commission and its appointees in the performance 
of their duties in connection with the fire protective 
system, shall be and are hereby made a state charge, 
and shall be paid by the state, except the wages, 
expenses and keeping of fire wardens and men sum- 
moned or employed to fight forest fires actually 
Lurning, which shall be paid as hereinafter provided. 
The wages, expenses and keeping of such fire war- 
dens, men and teams summoned or employed to fight 
forest fires actually burning, shall be fixed and paid 
by the commission, and the labor reckoned and paid 
by the hour, which shall not exceed the rate of 
fifteen cents for each hour employed, except fire 
wardens, who shall be paid twenty-five cents for each 
hour employed. 

2, The commission shall keep, or cause to be kept, 
an accurate account of the wages of the fire wardens 
and men, teams, tools and equipment so employed, 
and the expenses and keeping of such fire wardens 
and men, teams, tools and equipment, and pay the 
same; and one-half the expense thereof shall be a 
charge upon and shall be paid by the state, and one- 
half thereof a charge upon and shall be paid by the 
town in which the fire wardens and men so employed 
were actually engaged in fighting fires. On or before 
November tenth of each year the commission shall 
transmit to the clerk of the board of supervisors of 
each of the forest preserve counties, in which any for- 



Lands and Forests. 221 

est fire liaa occurred, durin|^ the current year, a sum- 
mary statement of the amount due the state from any 
town or towns in said county on account of such fires. 
The said clerk sliall immediately deliver such state- 
ment to the board of supervisors of said county, who 
shall thereupon levy the amount due from each such 
town to the state upon the taxable property of such 
town by including? the amount thereof in the sums 
to be raised and collected in the next levy and assess- 
ment of taxes therein, and the same shall be col- 
lected as other town charges are collected and paid 
over by the towns to the commission on or before 
May first following the levy thereof. If any person 
incurs expense in preventing or fighting forest fires, 
the commission may, upon satisfactory proof thereof 
being made to it within thirty days after the expense 
is incurred or the work performed, audit and pay 
the whole or any part thereof as the public interest 
requires, one-half to be rebated by the town as here- 
inbefore provided. 

[As amended by chap. 723, Laws of 1913.] 

§ 95. Auditor of fire accounts. The commission 
may appoint an auditor of fire bills and accounts, 
who shall receive an annual salarv of eighteen hun- 
dred dollars a year, and necessary expenses, and 
who shall audit fire bills when reported to the com- 
mission, as herein provided, and perform such other 
acts as the commission may from time to time 
direct. 



222 Lands and Forests. 

§ 96. Advances for fighting fires. The auditor of 
fire accounts, if he has filed his othcial undertaking, 
may draw on the comptroller for advances to meet 
expenses of fighting fires. If such draft be counter- 
signed by the superintendent of forests and a receipt 
for the amount thereof be filed with the comptroller, 
the comptroller shall pay the same by warrant on 
the treasurer in favor of the auditor of fire accounts; 
but the advances unaccounted for, by said auditor 
of fire accounts, for expenses of fighting fires shall 
not, at any time, exceed five thousand dollars. The 
said auditor of fire accounts shall monthly render 
accounts of the amounts paid for such expenses of 
fighting fires, with sworn vouchers for the same to 
the comptroller, who shall audit them. If said 
auditor of fire accounts omits to render any such 
account, or his account rendered is not satisfactory, 
the comptroller shall notify the commission and no 
further advances shall be made until said auditor 
of fire accounts satisfactorily explains his omission 
to render proper accounts. 

§ 97. Fires to clear lands in certain towns. Fal- 
lows, stumps, logs, brush, dry grass or fallen timber 
shall not be burned at any time in the territory here- 
after described, without first obtaining the written 
permission of the district forest ranger or a forest 
ranger of the district in which the fire is to be set. 
If in a locality near forest or woodland, the district 
forest ranger or forest ranger shall be personally 



Lands and Forests. 223 

present when the fire is started. Such fires shall not 
be started during a heavy wind or without sufficient 
help present to control the same, and the same shall 
be watched by the person setting the fire until put 
out. Whenever a fire which has been set for the 
purposes specified in this section is found burning 
upon the lands of any person within the territory 
hereinafter described such fact shall be prima facie 
evidence that such fire was started by the owner or 
occupant thereof. Any person who violates any pro- 
vision of this section is guilty of a misdemeanor, 
and in addition thereto is liable to a penalty of not 
less than fifty dollars nor more than three hundred 
dollars. 

2. This section applies to Hamilton county; to 
the towns of Altona, Au Sable, Black Brook, Dan- 
nemora, Ellenburg and Saranac, Clinton county; the 
towns of Andes, Colchester, Hancock and Middle- 
town, Delaware county; the towns of Chesterfield, 
Elizabethtown, Jay, Keene, Lewis, Minerva, Moriah, 
Newcomb, North Elba, North Hudson, Saint Armand, 
Schroon and Wilmington, Essex county; the towns 
of Altamont, Belmont, Brighton, Duane, Franklin, 
Harriettstown, Santa Clara and Waverly, Franklin 
county; the towns of Bleecker, Caroga, Mayfield and 
Stratford, Fulton county; the towns of Hunter, 
Jewett, Lexington and Windham, Greene county; the 
towns of Ohio, Russia, Salisbury, Webb and Wilmurt, 
Herkimer county; the towns of Croghan, Diana, 



224 Lands and Forests. 

Greig, Lyonsdale and Watson, Lewis county ; the 
towns of Forestport and Remsen, Oneida county; the 
towns of Corinth, Day, Edinburg and Hadley, Sara- 
toga county; the towns of Clare, Clifton, Colton, Fine, 
Hopkinton, Parishville, Piercefield, Pitcairn, Saint 
Lawrence county; the towns of Neversink and Rock- 
land, Sullivan county; the towns of Denning, Gardi- 
ner, Hardenburg, Olive, Rochester, Shandaken, Sha- 
wangunk, Wawarsing and Woodstock, Ulster county; 
the towns of Bolton, Caldwell, Chester, Hague, Hori- 
con, Johnsburgh, Luzerne, * Queensburg, Stony Creek, 
Thurnian and Warrensburg, Warren county; the 
towns of Dresden, Fort Ann and Putnam, Washing- 
ton county. 

§ 98. Setting fires without permission; penalties; 
damages, 1. Any person who sets fire to waste or 
forest lands, except as provided by section ninety- 
seven of this chapter, or who negligently suffers a 
fire to extend from his own lands to any other lands 
shall be liable to the state for any damages caused 
to state lands bv such wrongful act. He shall also 
be liable to the state for a penalty of ten dollars 
for each and every tree of the size of three inches 
or upwards in diameter breast high so killed or 
destroyed. He shall also be liable to any person or 
municipality for actual damages caused to such 
person or municipality by such wrongful act or to 
damages at the rate of one dollar for each tree so 



* So in original. 



Lands and Forests. 225 

killed or destroyed. The state or a person or mu- 
nicipality so injured, however distant from the place 
where such fire was set or started and notwithstand- 
ing the same may have burned over and across 
several separate and distinct tracts, parcels or owner- 
ships of land, may recover as aforesaid. Such person 
or municipality may, at its or his option, sue for 
and recover actual damages, or damages at the rate 
of one dollar for each tree so killed or destroyed. 

2. Damages to state lands shall be ascertained and 
determined by the value of the timber thereon, taken 
at the value the said timber would have if the said 
lands were owned by private individuals. 

3. The fact that any fire started on, or extended 
over from lands or rights of way owned or leased or 
used by any railroad company, or by any other per- 
son using, manufacturing or producing any coal, 
wood, oil or other fuel or q,ny inflammable material 
thereon for other than domestic purposes, shall be 
prima facie evidence that the said fire was set or 
started thereon, or suff'ered to extend therefrom, by 
the wilful negligence of the said person or railroad 
company. 

4. Any moneys necessarily expended by the state, 
municipality, or other person, in fighting fires upon 
waste or forest lands may be sued for by the state, 
municipality, or person expending the moneys and 
recovered from the person causing the fires as single 
damages, in addition to the damage or damages at 
the rate of one dollar, and in addition to the penalty 

8 



226 Lands and Forests. 

or penalties of ten dollars for each tree killed, pro- 
vided for as aforesaid. 

[As amended by chap. 723, Laws of 1913.] 

§ 99. Penalties for setting fires. Every person 
who shall kindle a fire on or near forest or brush 
land and leave it unquenched, or be a party thereto, 
or who shall set fire to brush, stumps, dry grass, 
field stubble or other material on or near such forest 
or brush lands and fail to extinguish the same before 
it has endangered the property of another; every 
person who shall negligently or carelessly set on 
fire, or cause to be set on fire, any woods, grass or 
other combustible material, whether on his own land 
or not, by means whereof the property of another 
shall be endangered, or who shall negligently suffer 
any fire upon his own lands to extend beyond the 
limits thereof; every person who shall use other than 
incombustible gunwads or carry a naked torch, fire- 
brand or exposed light in or near forest or wood land, 
or who, in the vicinity of such land, shall throw or 
drop into combustible material any burning match, 
ashes or pipe, lighted cigar or cigarette, or any other 
burning substance, and who fails to immediately 
extinguish the same, and every person who shall 
deface, destroy or remove any law, rule or notice 
posted under this chapter, shall be guilty of a mis- 
demeanor punishable by a fine of not less than ten 
dollars and not exceeding twenty-five dollars and 
costs of prosecution, or by imprisonment in the 



Lands and Forests. 227 

county jail not exceeding ninety days, or by both 
such fine and imprisanment. 

§ 100. Regulations regarding camps and camp fires. 
Every person who starts a camp or other fire 
upon, or in the vicinity of, forest or wood land, for 
cooking, obtaining warmth or any industrial pur- 
pose, shall, before lighting the same, clear the ground 
of all branches, brushwood, dry leaves or other com- 
bustible material within a radius of ten feet from 
the fire, and shall carefully extinguish the fire before 
quitting the place. 

Any person violating any of the provisions of 
this section shall be deemed guilty of a misdemeanor 
punishable by a fine of not less than ten or more 
tlian twenty-five dollars and costs of prosecution, 
or by imprisonment in the county jail for not more 
than ninety days, or by both such fine and imprison- 
ment. 

§ 101. Fire patrol by railroads within forest pre- 
serve counties. 1. All railroads operating as com- 
mon carriers through forests in the forest preserve 
counties of the state shall, at their own expense, 
organize and maintain a competent and sufficient 
fire patrol to protect the forests from fires which 
may be set or occur upon, or adjacent to, the rights 
of way or lands of such railroads, and shall file with 
the commission on or before April first of each year 
a statement showing the names and addresses of the 
persons employed oi? such patrol, and unless other- 



228 Lands and Forests. 

wise directed by the commission, such patrol shall 
be maintained continuously from April first to No- 
vember first of each year, and at such other times 
as the commission may direct. 

2. If such railroads do not organize and maintain 
such fire patrols, or if, in the judgment of the com- 
mission, they do not organize and maintain fire 
patrols which are adequate and sufficient to protect 
and save the forests from fires which may be set 
or occur upon, or adjacent to, rights of way or lands 
of such railroads, then the commission shall organize 
and maintain such fire patrol in such manner and 
under such rules and regulations as it shall from 
time to time deem proper. The persons placed upon 
patrol of railroad lines and lands and railroad rights 
of way, and lands and ways adjacent thereto, as 
herein provided, shall be transported without charge 
from point to point by the railroads along whose 
lines such fire patrol is being maintained, as their 
duties shall require. 

The commission shall keep, or cause to be kept, 
an account of the cost of organizing and maintaining 
such fire patrol along the line of any such railroad, 
including therein the salaries, expenses and wages of 
public officers or employees engaged in organizing and 
maintaining such fire patrol, and the total cost 
thereof shall be paid to the commission by the rail- 
road along whose line or lands or rights of way such 
patrol is maintained. Such payment shall be made 
on the first day of December of each year, and may 



Lands and Forests. 229 

be recovered by the commission in a civil action in 
the name of the people of the state of New York, and 
in addition tliereto said company shall be liable to 
a penalty of one hundred dollars for each violation 
of the provisions of this section; and every day such 
railroad shall fail to maintain the patrol required 
by this section shall be deemed a separate violation. 
3. Any person employed upon fire patrol of such 
railroads shall immediately report to the commission, 
upon blanks to be furnished by it, every fire 
within his line of patrol which started upon the line 
of the railroad or ways or lands adjacent thereto, 
or ran off the railroad's right of way or lands to 
other lands, setting forth the origin of such fire and 
the extent and character of the land burned over, 
and, if the fire was started by a locomotive, he shall 
give the number thereof. Such report shall be veri- 
fied by the person making it and if he is unable to 
state or ascertain the origin of such fire he shall in 
his report make oath of such fact. Any person so 
employed v/ho fails to make such report immediately 
shall be liable to a penalty of twenty-five dollars; 
and if he makes a false report he shall be guilty of 
a felony and be punishable therefor. 

§ 102. Fire patrol by railroads outside forest pre- 
serve counties. 1. When, in the judgment of the 
commission, there is danger of the setting and 
spreading of fires from locomotives in operating 
through any wooded or forest lands outside the forest 
preserve counties, the commission may order said 



230 Lands and Forests. 

railroad company to provide patrolmen to patrol the 
right of way, and lands adjacent thereto, as it may 
deem necessary to prevent fires, and such patrol 
shall be maintained continuously during the time 
directed by the commission, and such company or 
person shall immediately file with the commission a 
statement showing the names and addresses of the 
persons employed on such patrol. 

2. When the commission has notified a railroad 
company to provide such patrol the said railroad 
company shall immediately comply with such instruc- 
tions, throughout the territory designated; and upon 
its failure so to do, then the commission shall 
organize and maintain such fire patrol in such man- 
ner and under such rules and regulations as it shall 
from time to time deem proper; and such patrolmen 
shall be transported without charge from point to 
point by the railroads along whose lines such fire 
patrol is maintained as their duties shall require. 

3. The cost of organizing and maintaining such 
fire patrol, including the salaries, expenses and wages 
of public officers or employees engaged therein, shall 
be charged to and paid by said railroad company 
on December first of each year, and may be recovered 
by the commission in a civil action in the name of 
the people of the state of New York, and in addition 
thereto said railroad company shall be liable to a 
penalty of one hundred dollars for each and every 
day's refusal or neglect to comply with the provisions 
of this section. Every person employed upon fire 



Lands and Forests. 231 

patrol under this section shall report to the commis- 
sion in the manner, and be subject to the penalties, 
prescribed in the preceding section. 

§ 103. Clearing right of way and fire protection 
devices by any railroads in forest lands. 

1. Every corporation or person operating a rail- 
road with steam power in any part of the state 
shall, on such part of its road as passes through 
forest land or lands subject to fires from any cause, 
cut and remove from its right of way along such 
lands, all grass, brush or other inflammable ma- 
terials, whenever required by the commission; and 
shall provide each locomotive thereon with a prac- 
tical and efficient spark arresting device, so con- 
structed as to give the best practicable protection 
against the escape of fire and sparks from the smoke 
stacks thereof, and adequate devices to prevent the 
escape of fire from ash pans and furnaces which 
shall be used on such locomotives, and all said 
devices shall be approved by the public service com- 
mission and shall at all times be maintained in 
good repair. If the right of way aforesaid is more 
than one hundred feet in width the same shall be 
cleared as above provided, for a distance of fifty 
feet on each side of the center line thereof. 

2. The public service commission must upon the 
request of the conservation commission and on notice 
to the person or companies affected, require any 
person, railroad or other company having a railroad 



232 Lands and Forests. 

running through forest lands, to adopt such devices 
and precautions against setting fire upon its line 
in such forest lands as the public interest requires. 
The supreme court may on notice to the persons or 
corporations aflfected enforce compliance with any 
such order of the public service commission. 

3. It shall be the duty of the superintendent of 
motive power or equivalent officer of each railroad 
acting as a common carrier to designate an employee 
of such railroad at each division point and round 
house who shall examine each locomotive each time 
it leaves the division point or round house between 
March first and December first, and report the con- 
dition of said devices; such reports to be kept on file 
for examination of inspectors and employees of the 
conservation commission. 

4. No corporation or person or employee thereof 
shall deposit fire coals or ashes on any railroad 
track or right of way near forest lands. In case 
of fire on its own, or neighboring lands, the railroad 
company shall use all practicable means to put it 
out. Engineers, conductors or trainmen discovering 
or knowing of fires in fences or other material along 
or near the right of way of the railroad in such 
lands, shall report the same at the first station to 
the station agent, and such station agent shall forth- 
with notify the nearest fire warden, forest ranger 
or district forest ranger thereof, and use all neces- 
sary means to extinguish the same. 

Any person, railroad or other company failing or 



Lands and Forests. 233 

neglecting to comply with any of the provisions of 
this section, or any order of the public service com- 
mission made pursuant to the provisions of this 
section, shall be liable to a penalty of one hundred 
dollars for each day that it continues a violation 
thereof, and any officer or employee of a railroad 
or other company violating any provisions of this 
section or neglecting to comply with any requirement 
of the public service commission duly ordered, shall 
be liable to a penalty of one hundred dollars for 
every such violation. The term " logging road " as 
used in this chapter shall be construed to mean 
any railroad branch, line or division, or independent 
line, the chief or main business of which is the trans- 
portation of logs, lumber or other forest products, 

[As amended by chap. 723, Laws of 1913.1 

§ 104. Fire inspectors — railroads. The commis- 
cion may divide the state into two districts and 
appoint one chief fire inspector for each district, 
who shall receive an annual salary of twelve hundred 
dollars and his necessary expenses, and such other 
fire inspectors, not exceeding four, as may be neces- 
sary, in the judgment of the commission, during 
seasons of the year when forest fires occur, and 
such inspectors shall serve along lines of steam and 
logging railroads. They shall inspect such railroads 
and the locomotive and logging engines thereon for 
the purposes of fire prevention as directed by the 
commission or superintendent of forests, reporting 



234 Lands and Forests. 

to the commission the condition thereof, and per- 
form such other duties in preventing forest fires and 
protecting the forest as the superintendent of forests 
or the commission shall direct. They shall also have 
the powers of game protectors and shall each receive 
an annual salary of nine hundred dollars and neces- 
sary expenses. 

§ 105. Rejection from service of defective engines. 
The chief fire inspectors appointed by the conserva- 
tion commission shall immediately report to the 
conservation commission any locomotive or logging 
engine ■which in the opinion of the said inspector 
is deficient in adequate design, construction or main- 
tenance of the fire protective devices designated in 
section one hundred and three of this article, and 
any svich locomotive or logging engine so reported 
shall not be continued in service after five days' 
notice from the conservation commission until such 
defects have been remedied to the satisfaction of 
the conservation commission. In case of disagree- 
ment between said conservation commission and the 
owner of the locomotive or logging engine so rejected 
from service, as to the efficiency or proper main- 
tenance of said protective devices, then the owner 
of said locomotive or logging engine may apply to 
the public service commission of the department in 
which the rejected locomotive or logging engine is 
located for a decision of said matter, but pending 
such decision the said locomotive or logging engine 
shall not be returned to service. 



Lands and Forests. 235 

§ 106. Fire protective devices on portable steam 
saw mills, engines and boilers. No person shall 
operate any donkey, traction or portable engine, 
portable steam saw mill, or any other engine, boiler 
or locomotive, which does not burn oil as fuel, in, 
through or near forest or brush land in the forest 
preserve counties, unless the same is provided with 
a screen or wire netting so constructed as to give 
the most practicable protection against the escape 
of sparks and cinders from the smoke stack thereof, 
and the most practicable devices to prevent the 
escape of fire from ash pans and fire boxes; any 
person violating the provisions of this section shall 
be guilty of a misdemeanor and be liable to a 
penalty of one hundred dollars for every violation, 
and in addition thereto shall be liable in treble 
damages to any person suffering damage by reason 
of such violation. 

§ 107. Proclamation by governor in times of 
drought. Whenever by reason of drought or other 
cause, it shall be dangerous to the forests of the 
state, or for other reason contrary to the public 
interest, for any person or persons to enter any 
portion of the lands within the forest preserve 
counties of the state for the purpose of camping out 
or taking fish, fowl, birds or quadrupeds therein, or 
for any person or persons being already within the 
forest preserve counties of the state to take fish, 
fowl, birds or quadrupeds therein, the governor shall 



236 Lands and Forests. 

have authority to determine and shall determine and 
declare that it is dangerous to the forests of the 
state, or contrary to the public interest, for any 
person or persons to enter any portion of the lands 
within the forest preserve counties of the state for 
the purpose of camping out or of taking fish, fowl, 
birds or quadrupeds therein, or for any person or 
persons being already within the forest preserve 
counties of the state to take fish, fowl, birds or 
quadrupeds therein, and upon such determination 
and declaration, the governor shall have authority 
to forbid, and shall forbid by proclamation any 
person or persons from entering the said lands for 
such purposes, and any person or persons being 
already therein from taking fish, fowl, birds or 
quadrupeds therein. But the governor must state 
in such proclamation the reason or reasons why he 
has so determined that such acts would be danger- 
ous to the forests or contrary to the public interest, 
and he must, in such proclamation, limit the time 
during which such entry and such acts shall be pro- 
hibited. And the governor shall have the right to 
extend the time for taking fowls or birds or quadru- 
peds to a time equivalent to the time during which 
the said entry and acts were forbidden. The gov- 
ernor must also, in such proclamation, order that 
it be published, and direct the manner in which it 
shall be published, so as to give wide notice of its 
contents. Any person or persons violating the pro- 
visions of such proclamation shall be guilty of a 



Lands and Forests. 237 

misdemeanor and shall, upon conviction, be subject 
to a fine of one hundred dollars or shall be impris- 
oned for not more than thirty days, or both, for 
each offense, in addition to the penalties herein pro- 
vided for taking fish, fowl, birds or quadrupeds in 
the closed season. The said proclamation shall be 
published by the commission in such manner as 
shall be ordered and directed by the governor. 

§ 108. Statistics of forest products. The super- 
intendent of forests shall annually report to the 
commission the amount of the lumber manufac- 
tured and wood used for commercial purposes from 
timber grown in the state. It shall be the duty of 
all manufacturers of lumber and consumers of round 
timber or wood for commercial purposes to report 
to the commission annually, when called upon so to 
do, on blanks to be furnished by the commission, 
the amount of round timber or wood used, or lumber 
manufactured during the calendar year. Any manu- 
facturer of lumber or user of round wood or timber 
from trees grown in this state who neglects or 
refuses to furnish such information within ten days, 
after request by the superintendent of forests so to 
do, shall be liable to a penalty of one hundred dol- 
lars, to be collected in the same manner as other 
penalties imposed by this act. 



§ 109. Definitions. The following words and 
phrases used in this chapter are defined am follows: 
1. Forest preserve counties are those counties in 



238 Lands and Forests. 

which any lands therein, if acquired by the state, 
will become a part of the forest preserve. 

2. The Adirondack park includes all lands, both 
state and private, embraced within the boundaries 
described in section fifty-one of this chapter. 

3. The Catskill park includes all lands, both state 
and private, embraced within the boundaries de- 
scribed in section fifty-two of this chapter. 

4. Trespass includes cutting, injuring, taking or 
removing trees of any size, or timber, or other prop- 
erty of the state, or entering upon the lands of the 
state with intent to cut, injure, take or remove trees 
of any size or timber or other property of the state. 

5. Person includes a copartnership, joint-stock com- 
pany or corporation. 

§ 110. Laws repealed. Of the laws enumerated in 
the schedule hereto* annexed, that portion specified 
in the last column is hereby repealed. 

§ 111. Saving clause. The repeal of any laws, or 
parts thereof, set forth in the annexed schedule of 
laws repealed* shall not affect or impair any act 
done, offense committed or right accruing, accrued 
or required, or liability, penalty, forfeiture or pun- 
ishment incurred prior to the time such repeal takes 
effect, but the same may be enjoyed, asserted, en- 
forced, prosecuted or inflicted, as fully and to the 
same extent as if such repeal had not been effected. 



* Following section 112. 



Lands and Forests. 239 

§ 112. When to take effect. This chapter* shall 
take effect immediately. 

Schedule of Laws Repealed. 

Laws of Chapter Section 

1909 24 1, 2, 4, 7, 19-27, both 

inclusive; 34-75, both 
inclusive; 136-140, 
both inclusive; 216- 
223, both inclusive. 

1909 474 All that part of § 1, 

adding or amending 
the following sec- 
tions: 2, 4, 40, 56, 
67, 68, 69, 70, 71, 73, 
74, 75a, 75b. 



1910 


... 72 


... 1 


1910 


. .. 313 


. . . All 


19*10 


. .. 476 


. . . All 


1910 


. .. 657 


... 3 


1911 


... 529 


. . . All 


1911 


. .. 647 


. . . 50 and 51 


1911 


... 835 


. . . All 



* Chap. 444, Laws of 1912. Approved by the 
Governor April 16, 1912. 



MISCELLANEOUS STATUTES RELATING 
TO LANDS AND FORESTS. 



CHAPTER 249. 

AN ACT to amend the tax law, in relation to the 
exemption and reduction in assessment of lands 
which have been planted with trees for forestry 
purposes. 

Became a law April 10, 1912, with the approval of the 

Governor. 

The People of the State of New York, represented 
in Senate and Assembly, do enact as follows: 

Section 1. Article one of chapter sixty-two of the 
laws of nineteen hundred and nine, entitled "An act 
in relation to taxation, constituting chapter sixty 
of the consolidated laws," is hereby amended by 
adding at the end a new section to be section six- 
teen, and to read as follows: 

§ 16. Exemption and reduction in assessment of 
lands planted with trees for forestry purposes. 
Whenever the owner of lands, to the extent of one 
or more acres and not exceeding one hundred acres, 
shall plant the same for forestry purposes with trees 
to the number of not less than eight hundred to the 

[240] 



Miscellaneous Statutes. 241 

acre, and whenever the owner of existing forest or 
hrush lands to the extent of one or more acres and 
not exceeding one hundred acres, shall underplant 
the same with trees, to the number of not less than 
three hundred to the acre, and proof of that fact 
shall be filed with the assessors of the tax district 
or districts in which such lands are situated as here- 
inafter provided, such lands so forested shall be ex- 
empt from assessment and taxation for any purpose 
for a period of thirty-five years from the date of 
the levying of taxes thereon immediately following 
such planting, and such existing forest or brush lands 
so underplanted shall be assessed at the rate of 
fifty per centum of the assessable valuation of such 
land exclusive of any forest growth thereon for a 
period of thirty-five years from the date of the levy- 
ing of taxes thereon immediately following such 
underplanting. The owner or owners of lands 
forested as above provided, in order to secure the 
benefits of this section, shall file with the conserva- 
tion commission an affidavit making the due proof 
of such planting or underplanting and setting forth 
an accurate description of such lands, the town and 
county in which the same are situated, the number 
of trees planted or underplanted to the acre and the 
number of acres so forested, which affidavit shall re- 
main on file in the office of said commission. Upon 
the filing of such affidavit it shall be the duty of 
the conservation commission to cause an inspection 
of such forested lands to be made by a competent 



242 Miscellaneous Statutes. 

forester or other employee of said commission who 
shall make and file witli said commission a written 
report of such inspection. If the commission is 
satisfied from the said affidavit and the report of 
inspection that the lands have been forested as above 
provided, in good faith and by adequate methods to 
produce a forest plantation, and are entitled to the 
exemption of assessment or to a reduction of assess- 
ment as provided in this section, it shall make and 
execute a certificate under the seal of its office, and 
file the same with the county treasurer of the county 
in which the lands so forested are located, which cer- 
tificate shall set forth a description of the lands 
affected by this section, the area and owner or owners 
thereof, the town or towns in which the same are 
situated, the description upon the last assessment- 
roll which included said lands, the period of exemp- 
tion or of reduction of assessment to which such 
lands are entitled and the date of the expiration of 
such exemption or reduction of assessment. Upon 
the filing of such certificate it shall be the duty of 
the county treasurer to file with the assessors of the 
tax district in which the lands described therein are 
located within ten days after the receipt thereof a 
certified copy of such certificate, and the assessors 
of such tax district shall place the lands according 
to the description contained in said certificate upon 
the next assessment-roll prepared for the assessment 
of lands within such tax district, and shall exempt, 
or reduce the assessment upon, the lands so described 



Miscellaneous Statutes. 243 

as hereinbefore provided, and shall insert upon the 
margin of said assessment-roll opposite the descrip- 
tion of said lands, a statement that in accordance 
with the provisions of this section of the tax law 
said lands are exempt from taxation or that the 
assessment thereof is reduced fifty per centum as 
the case may be and insert also in the margin the 
date of the expiration of such exemption or reduc- 
tion of assessment and such lands shall continue to 
be exempted, assessed and carried in such manner 
upon the assessment-rolls of such town until the 
date of the expiration of such exemption or reduc- 
tion of assessment. Lands which have been forested 
as above provided within three years prior to the 
taking effect of this section may come within its 
provisions if application therefor is made to the con- 
servation commission within one year from the time 
when this section takes effect, but except as provided 
by this section the period of exemption or reduction 
as certified to by the conservation commission shall 
not exceed the period of thirty-five years from the 
date of the original planting. Lands situated within 
twenty miles of the corporate limits of a city of the 
first class, or within ten miles of the corporate 
limits of a city of the second class, or within five 
miles of the corporate limits of a city of the third 
class, or within one mile of the corporate limits of 
an incorporated village shall not be entitled to the 
exemption or reduction of assessment provided for 
by this section. In the event that lands exempted 



244 Miscellaneous Statutes. 

or reduced in taxation as above provided shall, by 
act of the owner or otherwise, at any time during 
the period of exemption or reduction in taxation 
cease to be used exclusively as a forest plantation 
to the extent provided by this section to entitle 
such land to the privileges of this section, the said 
exemption and reduction in taxation provided for 
in this section shall no longer apply and the 
assessors having jurisdiction are hereby empowered 
and directed to assess the said land at the value 
and in the manner provided by the tax law for the 
general assessment of land. If any land exempted 
under this section continues to be used exclusively 
for the growth of a planted forest after the expira- 
tion of the period of exemption provided hereby, 
the land shall be assessed at its true value and the 
timber growth thereon shall be exempt from taxa- 
tion, except if such timber shall be cut before the 
land has been duly assessed and taxes regularly paid 
for five consecutive years after the exemption period 
has expired, such timber growth shall be subject to 
a tax of five per centum of the estimated stumpage 
value at the time of cutting, unless such cuttings 
are thinnings for stimulating growth and have been 
made under the supervision of the conservation com- 
mission. Whenever the owner shall propose to make 
any cutting of such timber growth for a purpose 
other than for thinning as above provided, he shall 
give thirty days' notice to the assessors of the tax 
district on which the land is located, who shall 



Miscellaneous Statutes. 245 

forthwith assess the stumpage value of such proposed 
cutting, and such owner shall pay to the collector 
of the town in which such land is situated before 
cutting such timber five per centum of such assessed 
valuation. If such owner shall fail to give such 
notice and pay such taxes he shall be liable to a 
penalty of three times the amount of such tax, and 
the supervisor of the town may bring an action to 
recover the same for the benefit of the town in any 
court of competent Jurisdiction. 

§ 2. This act shall take effect immediately. 



246 Miscellaneous Statutes. 

CHAPTER 363. 

AN ACT to amend the tax law, in relation to the 
exemption and reduction in assessment of lands 
which shall be maintained as wood lots and to 
encourage the growth of trees for such purposes. 

Became a law April 15, 1912, with the approval of the 

Governor. 

The People of the State of New York, represented 
in Senate and Assembly, do enact as follows: 

Section 1. Article one of chapter sixty-two of the 
laws of nineteen hundred and nine, entitled "An 
act in relation to taxation, constituting chapter 
sixty of the consolidated laws," is hereby amended 
by adding at the end a new section, to be section 
seventeen, and to read as follows: 

§ 17. Exemption and reduction in assessment of 
lands maintained as wood lots and to encourage the 
growth of trees for such purposes. In order to en- 
courage the maintenance of wood lots by private 
owners and the practice of forestry in the manage- 
ment thereof, the owner of any tract of land in the 
state, not exceeding fifty acres, which is occupied 
by a natural or planted growth of trees, or by both, 
which shall not be situated within twenty miles of 
the corporate limits of a city of the first class, nor 
within ten miles of the corporate limits of a city 
of the second class, nor within five miles of the cor- 



Miscellaneous Statutes. 247 

porate limits of a city of the third class, nor within 
one mile of the corporate limits of an incorporated 
village, may apply to the conservation commission 
in manner and form to be prescribed by it, to have 
such land separately classified for taxation. Appli- 
cation for such classification shall be made in dupli- 
cate and accompanied by a plot and description of 
the land, and such other information as the com- 
mission may require. Upon the filing of such appli- 
cation it shall be the duty of the commission to 
cause an inspection of such land to be made by a 
competent forester for the purpose of determining 
whether or not it is of a suitable character to be so 
classified. If the commission shall determine that 
such land is suitable to be so classified, it shall sub- 
mit to the owner a plan for the further management 
of said land and trees and shall make and execute 
a certificate under the seal of the commission and 
file the same with the county treasurer of the 
county in which the land is located, which certifi- 
cate shall set forth a description and plot of the 
land so classified, the area and owner thereof, the 
town or towns in which the same is situated, and 
that the land has been separately classified for taxa- 
tion in accordance with the provisions of this section. 
Upon the filing of such certificate it shall be the 
duty of the county treasurer to file with the assessors 
of the tax district in which the land described 
therein is located, within ten days after receipt 
thereof, a certified copy of such certificate. So long 



248 Miscellaneous Statutes. 

as the land so classified is maintained as a wood lot, 
and the owner thereof faithfully complies with all the 
provisions of this section and the instructions of the 
commission, it shall be assessed at not to exceed 
ten dollars per acre and taxed annually on that 
basis. In fixing the value of said lands for assess- 
ment, the assessors shall in no case take into account 
the value of the trees growing thereon, and said 
land shall not be assessed at a value greater than 
other similar lands within the same tax district, 
which contain no forest or tree growth, are assessed. 
The assessors of each tax district where said land 
so classified is located shall insert upon the margin 
of said assessment and opposite the description of 
such land a statement that said land is assessed in 
accordance with the provisions of this section. In 
the event that land so classified as above prescribed 
shall at any time by act of the owner or otherwise 
cease, in the judgment of the commission, to be used 
exclusively as a wood lot to the extent provided by 
this section to entitle the owner of such land to the 
privileges of this section, the exemption and valua- 
tion in taxation provided for in this section shall 
no longer apply and the assessors having jurisdic- 
tion shall, upon the direction of the commission, 
assess the said land at the value and in the manner 
provided by the tax law for the general assessment 
of land. Whenever the owner shall propose to cut 
any live trees from said land, except for firewood 
or building material for the domestic use of said 



Miscellaneous Statutes. 249 

owner or liis tenant, he shall give the commission 
at least thirty days notice prior to the time he 
desires to begin cutting, who shall designate for the 
owner the kind and number of trees, if any, most 
suitable to be cut for the purpose for which they 
are desired, and the cutting and removal of the trees 
so designated shall be in accordance with the instruc- 
tions of said commission. After such trees are cut 
and before their removal from the land, the owner 
shall make an accurate measurement or count of all 
of the trees cut and file with the assessors of the 
tax district a verified, true and accurate return of 
such measurement or count and of the varietv and 
value of the trees so cut. The assessors shall forth- 
with assess the stumpage value of the timber so cut, 
and such owner shall pay to the tax collector of the 
town in which such land is situated, before the re- 
moval of any such timber, five per centum of such 
valuation. If such owner shall fail to give such 
notices and pay such taxes he shall be liable to a 
penalty of three times the amount of such tax, and 
the supervisor of the town may bring an action to 
recover the same for the benefit of the town in any 
court of competent jurisdiction. 

§ 2. This act shall take efi"ect immediately. 



250 Miscellaneous Statutes. 

CHAPTER 371. 

AN ACT to amend the town law, in relation to pre- 
venting and fighting forest fires. 

Became a law April 15, 1912, with the approval of the 

Governor. 

The People of the State of New York, represented 

in Senate and Assembly, do enact as follows: 

Section 1. Section eighty-nine of chapter sixty- 
three of the laws of nineteen hundred and nine, 
entitled "An act relating to towns, constituting chap- 
ter sixty-two of the consolidated laws," as amended 
by chapter four hundred and ninety-one of the laws 
of nineteen hundred and nine, as amended by chapter 
six hundred and thirty of the laws of nineteen hun- 
dred and ten, is hereby repealed. 

§ 2. Subdivision eight of section ninety-eight of 
such chapter as added thereto by chapter six hun- 
dred and thirty of the laws of nineteen hundred and 
ten is hereby amended to read as eight.* 

8. In towns other than those mentioned in section 
ninety-seven of the conservation law, the supervisor 
shall, by virtue of his office, be superintendent of 
fires of his town and charged with the duty of pre- 
venting and extinguishing forest fires. He shall 
have power to employ persons to act as forest rangers 
in preventing and fighting fires and to employ neces- 
sary assistants therefor, and shall possess all the 



So in the original. 



Miscellaneous Statutes. 251 

power and authority conferred upon the conserva- 
tion commission, district forest ranger, forest ranger 
and fire warden under sections ninety-two and 
ninety-three of the conservation law. Any person 
summoned to fight forest fires who is physically able 
and refuses to assist shall be liable to a penalty of 
twenty dollars. The town board of each town shall 
at its first annual meeting designate one of its 
members to act as such superintendent of fires for 
the ensuing year in case of absence of the supervisor. 
The town board shall fix the compensation of all 
forest rangers and assistants employed under the 
provisions of this section and all expenses incurred 
under the provisions of this section shall be a charge 
upon and paid by tne town. 

§ 3. This act shall take effect immediately. 



252 Miscellaneous Statutes. 

CHAPTER 474. 

AN ACT to amend the penal law, in relation to 

malicious mischief. 

Became a law June 11, 1910, with the approval of 

the Governor. 

The People of the State of New Yark, represented 

in Senate and Assemhly, do enact as follows: 

Section 1. Section fourteen hundred and twenty- 
one of chapter eighty-eight of the laws of nineteen 
hundred and nine, entitled "An act providing for the 
punishment of crime, constituting chapter forty of 
the consolidated laws," is hereby amended to read 
as follows: 

§ 1421. Burning crops or timber, how punished. 
A person who, under circumstances not amounting 
to arson in any of its degrees: 

1. Wilfully burns or sets fire to any grain, grass 
or growing crop, or standing timber, or to any build- 
ing, fixtures or appurtenances to real property of 
another, or 

2. Wilfully sets fire to, or assists another to set fire 
to any wild, waste or forest lands, belonging to the 
state or to another person whereby such forests are 
injured or endangered; 

Is guilty of felony and is punishable by imprison- 
ment for not more than ten years or by a fine of 
not more than two thousand dollars, or by both. 

§ 2. This act shall take effect July first, nineteen 
hundred and ten. 



RULES AND REGULATIONS. 



FOREST PRESERVE AND ST. LAWRENCE 
RESERVATION. 



(Pursuant to Section 55 of Chapter 65 of Consol- 
idated Laws as amended by Chapter 444 of the 
Laws of 1912.) 

(Adopted April 30, 1912.) 

1. Caution must be exercised in building camp 
fires and in setting fires of anv kind. All inflam- 
mable material must be cleared from the ground be- 
fore fires are kindled. On the Thousand Island reser- 
vation, where fire places are provided, fires must not 
be kindled elsewhere. Fires must be completely ex- 
tinguished before they are abandoned. 

2. Lighted matches, burning cigars or cigarettes 
must not be thrown on the ground. Extinguish 
them first. 

3. No structures except canvas tents are permitted. 
Ko tent so placed shall be leased. Any tent 
unoccupied by the owner may be removed by the com- 
mission. On the Thousand Island reservation such 

[253] 



254 Rules and Regulations. 

tents must be pitched at least 200 feet away from any 
public fire place or boat landing. 

4. Dancing in any of the public buildings is pro- 
hibited. 

5. No one may claim the right of exclusive use of 
anj'^ particular camp or tent site from year to year. 

6. Defacing buildings, peeling bark or injuring 
trees is prohibited. 

7. No boat is entitled to the exclusive use of any 
dock. There must be free access for all boats at all 
times. 

8. Persons using the St. Lawrence reservation must 
not leave refuse on the grounds. 

9. All persons will be held strictly liable to the 
State for any damage done to State property. 



INFORMATION FOR CAMPERS. 



Any citizen may camp temporarily on the State 
land in the Adirondacks, the Catskills, Lake George 
and the St. Lawrence river. No written permit is 
required, nor can one be granted by anybody. The 
Constitution of the Sd;ate of New York provides that 
the land in the Forest Preserve shall not be leased, 
sold or exchanged, but must be kept as wild forest 
lands. Tents are the only structures permitted in 
the woods, but board floors may be used. No person 
is entitled to call any particular site his own from 
year to year. Portable houses are prohibited. So 
is the erection of any permanent shelter, such as a 
bark house, lean-to or log camp. Peeling bark is 
absolutely prohibited. Fires may be lighted for cook- 
ing, warmth and insect smudges, but before a fire 
is lighted ample space must be cleared around the 
spot so that the fire shall not spread, and before 
leaving the place the fire must be thoroughly extin- 
guished. All other fires are absolutely forbidden. 
Hunters and smokers must be careful not to set fires 
in the woods by the use of firearms, pipes or cigars. 
Special care must be taken that lighted matches are 
extinguished before throwing them down in the woods. 
Campers will be held strictly responsible for any 
damage or injury to the forest which may result from 
their carelessness or neglect. 

[255] 



PREVENTION OF FOREST FIRES. 



Do You Realize that hundreds of human Uvea 
and millions of dollars worth of property are de- 
stroyed each year by forest fires? 

Do You Realize that most of this loss may be 
avoided by the exercise of caution by all who go 
into the woods for business or pleasure. 

Do You Realize that in Xew York State alone 
industries dependent upon wood manufacture prod- 
ucts worth nearly $400,000,000 annually and em- 
ploy 200,000 people? 

Do You Realize that the sum of $20 is spent, 
largely in wages on every thousand board feet of 
timber which is taken from the forest, and that 
when that amount of timber is destroyed by fire, 
there is a loss to the community far in excess of $20 ? 

Do You Realize that one forest fire may com- 
pletely destroy the attractive features of your 
favorite mountain trail or camping ground? 

Do You Realize that nature unassisted requires 
hundreds of years to re-establish a forest which 
has been destroyed by a bad forest fire? 

You Should Realize These Facts and BE CARE- 
FUL WITH FIRE When in or Near the Forest. 

Exercise the Same Care With Fire in the 
Forest that You Would Take Without Question 
IN Your Own Home or in the City. The Law 
Requires It. 

WON'T YOU HELP? 

[256] 



FOREST DON'TS. 
DON'T 

Don't drop lighted matches. 

Don't drop burning cigars or cigarettes. 

Don't leave a camp fire until it is extinguished. 

Don't wait but put out every fire you see. 

BURN 

^Yhy not protect the forest, the home of the game 
animals and game birds; nature's agent in regulat- 
ing stream flow and source of cool water for fish ; 
the great health resort and play ground; also the 
source of necessary wood supply. 



Use the property of others as carefully as if it 
were your own. The loss due to forest fires in 
New York is several million dollars a year. It is 
nearly all due to carelessness and preventable. If 
we are all careful this loss will be greatly reduced 
and everyone benefited. 

FORESTS. 

[257] 



STATE OF NEW YORK CONSERVATION COM- 
MISSION. 



ROSTER OF FOREST FIRE FIELD FORCE, 

JUNE 15, 1913 



DISTRICT No. 1. 

(Franklin, Clinton and northern half of Essex Counties.) 

John Harding District Forest Ranger Saranac Lake. 

Clinton County. 
Forest Rangers: 

Alderbend (P. O. Altona) Wm. A. Wray. 

Lyon Mt Richard J. Kissane. 

Clayburg . Michael Ahern. 

Observer: 

Lyon Mt. (P. O. Chazy Lake) Jos. E. Gardner, 

Fire Wardens: 

Altona T. P. Casey. 

Altona Chas. Conners. 

Ausable Forks T. E. Bombard. 

Ausable Forks J. W. Douglass. 

Black Brook Edward Dougherty. 

Chazy Lake Geo. S. Badger. 

Dannemora Samuel Fassett. 

Dannemora Ernest Blue. 

Ellenburg Richard Gilmore. 

Ellenburg Centre Geo. W. Gilbert. 

Ellenburg Depot Clifton McGregor. 

Harkness James Ross. 

Harkness Chas. M. Harkness. 

Lyon Moiantain. . . S. D. Healey. 

I>lattsburgh M. L. Reed. 

[258] 



Roster of Forest Fire Field Force. 259 

Essex County. 
Forest Rangers: 

Bloomingdale Peter O'Malley. 

Elizabethtown Morgan O'Donnell 

Keene . Roger W. Slattery. 

Keeseville John C. Bowe. 

Plantation Rangers: 

Chubb Mill (P. O. Lake Placid) E. J. Madden 

Ray Brook (P. O. Ray Brook) Frank Prentice. 

Observers : 

Hurricane Mt. (P. O. Elizabethtown) Matthew Ryan 
Whiteface Mt. (P. O. Wilmington) . . John Courtney, 2d. 

Fire Wardens: 

Cascadeville Charles A. Goff. 

Deershead Gifford W. Cross. 

^fy James Hopkins. 

Keene. Halsey Chase. 

Keeseville George W. Smith. 

KeeseviUe Martin Conway. 

Keeseville Dennis Coughhn. 

KeeseviUe John D. Sullivan. 

ifwis James Cutting. 

Newman Fred C. MihiU. 

Newman. Rufus Alford. 

New Russia Daniel Ryan. 

New Russia Thomas Meagher. 

Ray Brook Dr. A. H. Garvin. 

Saranac Lake W. S. Fowler. 

I*- Huberts W. Scott Brown. 

St Huberts John Trumbull. 

Wilmington James C. Wolfe. 

T, ^ Franklin County. 

r crest Rangers: 

Loon Lake Station (P. O. Inman) . . . James Keese. 

Santa Clara Harlow Wheeler. 

Saranac Lake John H. LaPan. 

Tupper Lake John Timmons. 

Plantation Ranger: 

Paul Smith's John C. Downs. 

Observers : 

Ampersand Mt. (P. O. Saranac Lake) James Butler 

\??\l'^^^ ^l*!^- ^- Inman) James Quirk.' 

Mt. Morns (P. O. Tupper Lake) .... M. E. Shiels. 



260 Roster of Forest Fire Field Force. 

Fire Wardens: 

Axton (P. O. Coreys) Frank W. Eldred. 

Bay Pond John Redwood. 

Coreya W. S. Beckmfin. 

Coreys P. H. McCormick . 

Duane Floyd R. Selkirk. 

Faust Thomas Murray. 

Franklin Falls Baron Ling. 

Franklin Falls Ned Dewey. 

Gile Earl F. Day. 

Goldsmiths Darwin Whitcomb. 

Goldsmiths Chas. Rascoe. 

Kildare Station Geo. W. Best. 

Lake Kushaqua S. L. Paye. 

• Loon Lake Chas. Stickney . 

A-Iadawasca James Eccles. 

McColloms Clarence McArthur. 

Meacham Lake Geo. W. Cushnaan. 

Moody Daniel Hinkson. 

Owla Head Albert Thibault. 

Paul Smith'8 Benjamin A. Muncil. 

Rainbow Lake A. H. Swinyer. 

St. Regis Falls O. L. Wilson. 

St. Regis Falls J. A. Fraser. 

Santa Clara .^ H. H. Brownson. 

Saranac Inn (P. O. Upper Saranac) . . Willard Boyce. 

Saranac Lake M. C. Meagher. 

Tupper Lake John D. McCarthy. 

Union Falls . J. B. Hoiigh. 

V-ermontviUe Geo. B. Tyler. 

DISTRICT No. 2 

(Southern Essex, Warren, Washington and northeastern Hamilton 

Counties.) 

P. J. Cunningham District Forest Ranger North Creek. 

T7 ^ T) Essex County. 

l^orest Rangers: 

Aidan Lair Fred L. Butler. 

Newcomb Wm. LaHaise. 

North Hudson Wm. Greenoagh. 

Olmstedville John A. Clifford. 

Schroon Lake Ernest A. Wood. 

Observers: 

Adams Mt. (P. O. Tahawus) CorneUus O'Neil. 

Makomis Mt. (P. O. Underwood) . . . Kenneth E. Carey. 
Pharoah Mt. (P. O. Schroon Lake) . . June Burnell. 
Vanderwhacker Mt. (P. O. Newcomb) Grover I,ynch. 
Boreas Mt. (P. O. Blue Ridge) Jos. Hamner. 



Roster of Forest Fire Field Force. 281 

Fire Wardens: 

Blue Ridge Wm. Bruce. 

Loch Muller : Arthur E. Warren. 

Mineville Edward Dalton. 

Moriah Patrick Graham. 

Newcomb John Spain. 

North Hudson Wm. Sturtevant. 

Olmstedville Thomas Donnelly. 

Tahawus David Hunter. 

Underwood Wallace Carey. 

Forest Rangers: Wakken County. 

Athol Chas. Olds. 

Chestertown John H. Smith, 

Horicon Frank Owens. 

Johnsburg Robert Armstrong. 

North Creek Wm. ColHns. 

Warrensburg Robert Cunningham. 

Observers: 

Crane Mt. (P. O. Athoi) James Burch. 

Prospect Mt. (P. O. Lake George) . . Fred Worden. 

Swede Mt. (P. O. Hague) Fred Bolton. 

Fire Warden: 

Athol Chas. H. Baker. 

Bolton Landing Smith Hastings. 

Glens Falls Wm. Van Dusen. 

Hague Edward Ross. 

Hill View A. Lockhart. 

Horicon Samuel C. Baker. 

Johnsburg D. M. Haley. 

Johnsburg Geo. ArmstroRsr. 

Johnsburg Robert Richards. 

Lake George Edward J. Worden, 

Lake George (R. F. D.) Henry Graney. 

Luzerne Charles Burnett. 

Luzerne Walter Linar.d'. il. 

Luzerne John N . Noonan. 

North River Fred Rogers. 

Queensbury W. S. McEchron. 

Stony Creek. . '. Beecher Glassbrook. 

Thurman Albert Westcott. 

Warrensburg John J. Latham. 

Washington County. 
Forest Ranger: 

South Bay (P. O. Clemons) H. A. Barber, 

Observer: 

Black Mt. (P.O. Clemons) Charles A. Chaplin. 



262 Roster of Forest Fire Field Force. 

Fire Wardens: 

Comstock Lawrence C. Baker. 

Dresden Station • Otis C. Benjamin. 

Fort Ann (P. O. R. D., Hudson Falls) John Hullivan, Jr. 

Putnam Wm. R. Easton. 

Shelving Rock Smith Russall. 

DISTRICT No. 3. 

(St. Lawrence, Oneida, Lewis, northern Herkimer and northwestern 

Hamilton Counties.) 

Wm. O'Brien District Forest Ranger Old Forge. 

Hamilton County. 
Forest Rangers: 

Cold River (P. O. Long Lake) James Flynn. 

Long Lake Lewis L. Jennings. 

Raquette Lake Daniel Lynn. 

Sumner Stream (P. O. Raquette Lake) D. D. Callahan. 

Observers: 

Blue Mt. (P. O. Blue Mt. Lake) Wm. Kelly. 

Mt. Kempshall (P. O. Long Lake) . . Edwin Stanton. 
West Mt. (P. O. Raquette Lake) Cal La Prairie. 

Fire Wardens: 

Brandreth Lake Duncan F. McDonald. 

Cold River (P. O. Newcomb) Fred Wakoley. 

Forked Lake (P. O. Long Lake) R. J. Hosley. 

Little Tupper Lake (P. O. Sabattis) . Ernest H. Johnson. 

Nehasane Byron Ames. 

Utowana Lake John J. Daley. 

Herkimer County. 
Forest Rangers: 

Beaver River David Conkey. 

McKeever E. J. Felt. 

Observers : 

Beaver Mt. (P. O. Number Four) Wm. Bush. 

Rondaxe Mt. (P. O. Old Forge) Arthur E. Bull 

Stillwater Mt. (P. O. Beaver River) . . Eugene Barrett. 

WoodhuU Mt. (P. O. JMcKeever) .... T. H. Tabor. 

Fire Wardens: 

Beaver River J. H. Wilder. 

Fulton Chain Thomas J. Bannon. 

Lewis County. 
Forest Rangers: 

Castorland Wm. Burns. 

Glenfield Frank Burdick. 

Lowville Frank D. Burke. 



Roster of Forest Fire Field Force. 263 

Observer: 

Bald Mt. (P. O. Croghan) Robert Kelly. 

MooseRiverMt. (P.O. Moose River). J. D. McHale. 

Fire Wardens: 

Big Otter Lake (P. O. Glenfield) Wm. D. Crandall. 

Croghan Peter Yousey . 

Crystaldale Stephen Baker. 

Crystaldale Herman Petrie. 

Glenfield C H. Gould. 

Greig (P. O. Glenfield R. F. D.) Royal J . Fenton. 

Harrisville Jos. Menard. 

Harrisv-ille Pat Wallace. 

Harrisville Bower Allen. 

Port Leyden Chas. E. Sears. 

Watson Geo. V. Norton. 

Oneida County. 
Forest Rangers: 

Forestport Frank Tracy. 

Fire Wardens: 

Forestport W. R. Patterson. 

Otter Lake R. G. Norton. 

Remsen CM. Williams. 

St. Lawrence County. 
Forest Rangers: 

Cranberry Lake Floyd Rasbeck. 

Oswegatchie Peter E. Lobdell. 

Piercefield Fred M. Hayes. 

Russell James L. Leavitt. 

Stark 

Observers: 

Arab Mt. (P. O. Piercefield) Angus La Rocque. 

Cat Mt. (P. O. Wanakena) John Janack, Jr. 

Catamount Mt. (P. O. Stark) Fred B. Watson. 

Moosehead Mt. (P. O. Childwold) ... W. D. Pond. 

Fire Wardens: 

Aldrich r. Charles Kerr. 

Benson Mines C. A. Yerden. 

Benson Mines Lewis F. Rice. 

Clear Pond (P. O. Childwold) James Ferry. 

Colton J. T. Smith. 

Colton H. L. Gleason. 

DeGrasse D.N. Dean. 



264 Roster of Forest Fire Field Force. 

Kildare Club (P. O. Tupper Lake) . . John Watson. 

New Bridge L. D. Spicer. 

New Bridge Edwin Johns. 

Newton Falls H. ]\I. Clark. 

Newton Falls A. M. Buell. 

Ozoniu (P. O. Nicholville) Robert Day. 

Seveys Dean Sevev. 

Shurtleff's Archie Shurtleff. 

South Colton G. A. Lindsey. 

South Colton J.J. Douglas. 

Stark Elmer Watson. 

Wanakena P. T. CooUdge. 

Wanakena R. H. Hanley. 

DISTRICT No. 4. 

(Fulton, Saratoga, southern Hamilton and southern Herkimer 

counties.) 

Geo. E. Van Arnam. . . . District Forest Ranger. . . . North ville. 

Fui.Tox County. 
Forest Rangers: 

Northville P. H. Conroy 

Fire Wardens: 

Bleecker John M. Peters. 

Bleecker Edward Blevl. 

Caroga (P. O. Johnstown R. D. 3) . . . Guv Durey.' 

Dolgeville P. D. Mang. 

Mayfield T. F. Embhng. 

Oregon (P. O. Stratford) John Jaquays. 

Powley Place (P. O. Stratford) Henry Radley! 

Hamilton County. 
Forest Rangers: 

Hope Edward D. Call. 

Indian Lake Henry Keenan. 

Rudeston James Donohue. 

Speculator Tho.>?. J. Slack. 

Observers : 

Cathead Mt. (P. O. Benson) Edward Smith. 

Hamilton Mt. (P. O. Lake Pleasant) . Allen Dunham. 
SnowT Mt. (P. O. Sabael) Elmer Osgood. 



Roster of Forest Fire Field Force. 265 

Fire Wardens: 

Benson Frank Quillen. 

Benso-i Ctr Wm. Washburn. 

Cedar Lakes (P. O. Indian Lake) . . . W. E. Brooks. 

Griffin H.J. Girard. 

Hope Wm. H. Wadsworth. 

Hope Falls Eugene Edwards. 

Indian Lake Thomas Rodgers. 

Lake Pleasant Asa Aird. 

Lake Pleasant Frank Lawrence. 

Morehouseville George Kreuzer. 

Piseco Arthur Fowler. 

Speculator Isaiah Perkins. 

Wells John Davidson. 

Wells D. B. Gallup. 

West Canada Lakes (P. O. Indian 

Lake) Louis Seymour. 

Herkimer County. 
Forest Ranger: 

Wilmurt (P. O. Ohio) Truman R. Haskell. 

Stratford Raymond Sweet. 

Observer: 

Fort Noble Mt. (P. O. Wilmurt) Elmer Haskell. 

Fire Wardens: 

Cold Brook Eugene Hemstreet, 

Honnedaga Lake (P. O. Honnedaga). James Wadsworth. 

Wilmurt S.J. Shufelt. 

Wilmurt Philip Brondstatter. 

Saratoga County. 
Forest Ranger: 

West Day Cyrus Brownell. 

Observer: 

Ohmer :Mt 

Fire Wardens: 

Conklingviile Frank Shaw. 

Conklingville George Fraser. 

Corinth (11. D. 2) Arthur T. Wendell. 

Corinth W. Sturdevant. 

Edinburgh L. Tennant. 

Edinburgh Frank Rockwell. 



266 Roster of Forest Fire Field Force. 

DISTRICT No. 5. 
(Delaware, Greene, Sullivan and Ulster Counties.) 
J. J. McGrath District Forest Ranger Phoenicia. 

Delaware County. 

Forest Ranger: 

Hancock Patrick E. O'Rourke. 

Observer: 

Twadell Pt. (P. O. East Branch) Alfred Waterman. 

Fire Wardens: 

Andes J. W. Dickson. 

Cook's Falls L. J. Twadell. 

Downsville George Y. Signor. 

Long Eddy Thomas Carrick. 

Lord\'ille Samuel McKinney. 

Greene County. 
Forest Ranger: 

Westkill Robert S. Tuttle. 

Observer: 

Hunter Mountain (P. O. Edgewood) Walter Dederick. 

Fire Wardens: 

Big Hollow E. Moses Hitchcock. 

Bushnellville (R. D.) John Kelly. 

East Jewett Schuyler C. Kirk. 

Haines Falls Richard Haines. 

Haines Falls Arthur Reed. 

Jewett F. M. Goslee. 

I.anesville Harry D. Lane. 

Prattsville (R. D.) Herbert Truesdell. 

Sullivan County. 
Forest Ranger: 

Livingston Manor Lawrence McGrath. 

Fire Wardens: 

Claryville Jarvis Terbush. 

Cooley Patrick Kelly. 

Eureka Burl Burch. 

Grooville Burt Koons. 

Livingston Manor Fred. W. Hartig. 

Parkston James C. Bennett. 



Roster of Forest Fire Field Force, 267 

Ulster County. 
Forest Rangers: 

Ellenville George C. Russell. 

Oliverea Fred. Andrews. 

Observers: 

Belleayre Mt. (P. O. Pine Hill) Charles Y. Persons. 

Mohonk Mt. (P. O. Mohonk Lake) . . Samuel J. Schoonmaker. 

Fire Wardens: 

Accord D. E. Schoonmaker. 

Belleayre Verner Marks. 

Chichester Charles W. Holley. 

Ellenville W. S. Doyle. 

Granite Miles Decker. 

!Minnewaska A. F. Smiley. 

Mohonk Lake George J. Young. 

Pine Hill J. S. Pessenar. 

Samsonville John Feltman. 

Seager John E . Haynes. 

Shady Elting Simpkins. 

Sundown Norman E. DuBois. 

Turn wood Wm. G. Wamslee. 

Walker Valley Geo. W. Evans. 

Woodstock Eugene Johnson. 



CONSERVATION LAW 



INDEX TO PART II— LANDS AND FORESTS 



A. Sec. Page. 

Act relative to forests, when to take effect. 112 239 

Adirondack park. (See Appropriation of 
lands; Trespasses.) 

appropriation of lands 6G 197 

boundaries defined 51 180 

camp fires, rules of conservation com- 
mission 253, 255 

camping, rules of conservation com- 
mission 2'o3, 255 

conservation commission, general pow- 
ers as to 55 186 

defined 109 238 

determination of title to lands 64 195 

fires, rules of conservation commission . ... 253, 255 
State property, liability for damage to. ... 253, 255 
tents and structures, rules of conser- 
vation commission 253, 255 

trees, injuring prohibited 253, 255 

Altona, town of, not included in forest pre- 
serve 50 180 

Appropriation of lands, adjustment of 

claims by agreement 71 200 

for trespass or other injury 80 205 

appraisers ; compensation 79 205 

[2691 



270 Index — Part II. 

Appropriation of lands — (Continued). Sec. Page. 

board of claims to examine property. 73 201 

jurisdiction 72 200 

compensation, no interest paid on.... 84 207 

when warrant to be drawn S3 207 

conservation commission, powers 66 198 

costs and disbursements 85 208 

deeds, contracts, records, where filed.. 86 208 
description and certificates to be re- 
corded 70 199 

description of lands appropriated to be 

made by state engineer and surveyor. 67 198 
judgments where incumbrance upon 

property ; deposit of money 82 206 

reservation of timber by owner 74 201 

compensation for lands 77 204 

removal of timber reserved 76 202 

use of streams to remove timber 87 209 

value of lands, how determined 78 205 

what may be reserved 75, 76 202 

service of notice 68, 69 198, 199 

Appropriation of waters. (See Appropria- 
tion of lands; Conservation commission.) 

Article to take effect, when 112 239 

Attorney-general to bring action in parti- 
tion where state owns undivided interest 

in forest preserve 65 196 

Auditor of fire accounts, appointment ; 

salary 95 221 

duties 95, 96 221, 222 

B. 

Board of claims, jurisdiction where land 

appropriated by conservation commission. 72 200 

Boats, use of docks in forest preserve and 

St. Lawrence reservation 253 



Index — Part II. 271 

Sec. Page. 
Boilers, fire protective devices on, in forest 

preserve counties 106 235 

Brown farm. (See John Brown farm.) 

C. 

Camp fires. (See Forest fires.) 

rules of conservation commission 253,255 

Campers, information for 255 

Camping, prohibition in forest preserve 

counties in times of drought 107 235 

rules and regulations of conservation 
commission for forest preserve and 

St. Lawrence reservation 253, 255 

Camps. (See Forest fires.) 
Catskill park. (See Appropriation of 
lands; Trespasses.) 

appropriation of lands 66 197 

boundaries defined 52 184 

camp fires, rules of conservation com- 
mission 253, 255 

camping, rules of conservation com- 
mission 253, 255 

conservation commission, general 

powers as to 55 1S6 

defined 109 238 

determination of title to lands 64 195 

fires, rules of conservation commission . . . 253, 255 
state property, liability for damage to. ... 253, 255 
tents and structures, rules of conser- 
vation commission 253, 255 

trees, injuring, prohibited 253, 255 

Cities, lands in, not included in forest 

preserve 50 180 

Civil service laws, persons employed in 

fighting forest fires, exempt from 92 219 



272 Index — Part II. 

Sec. Page, 



22l> 



Clinton county, fires to clear lands in cer- 
tain towns, regulated 97 

included in forest preserve 50 180 

Conservation commission, Adirondack park, 

power of inspection o6 ISS 

rules for use of 253. 255 

appropriation of lands and waters for 

propagation of fish 6G 198 

appropriation of lands in Adirondack 

and Catskill parks GG 197 

campers, information for 255 

camp fires in forest preserve and St. 
Lawrence reservation, rules and regu- 
lations 253, 255 

camping in forest preserve and St. 
Lawrence reservation, rules and regu- 
tions 253, 255 

Catskill park, power of inspection..,. 56 ISS 

rules for use of 253, 255 

compromise of suits relative to land 

titles 64 195 

custody of parks and reservations, not 

committed to other state oflicers, . . 5G ISS 

exemption of reforested lands from tax- 
ation, duties as to S9 209, 241 

247 

felled trees, permission to postpone 

cutting off limbs 90 215 

fires in forest preserve and St, Law- 
rence reservation, rules and regula- 
tions 253, 255 ■ 

forest don'ts 257 

forest fires, duties as to 91, 92 216-219 

forest, fish and game commission, pow- 
ers devolved on 55 187 ' 

forest preserve, power of inspection . . 56 188 

rules for use of 253, 255 



Index — Part II. 273 

Conservation commission — {Continued). Sec. Page. 
forest purchasing board, powers de- 
volved on 55 187 

guides, licensing 55 187 

John Brown farm, power of inspection. 50 188 
lands, forests and parks, general pow- 
ers as to 55 185 

lands, recovery by 64 195 

Palisades Interstate park, co-operation 

with commissioners of 55 187 

parks, power of inspection 56, 57, 58 188-190 

perfecting title to land in forest 

preserve 81 200 

prevention of forest fires, cautions 255.257 

private forest lands, power to examine. 88 209 

reforestation, powers as to 62 192 

reservations, power of inspection. .56, 57 

58 188-190 
St. Lawrence reservation, power of 

inspection 56 188 

rules for use of 253, 255 

scenic, scientific or historic places, 

power of inspection 56, 57, 58 188-190 

state institutions, recommendations as 

to forests and shade trees 59 191 

tax sales, action by, to set aside.... 64 194 

tent and structures in forest preserve 
and St. Lawrence reservation, rules 

and regulations 253, 255 

timber cut ou state lands, recovery of 

damages 64 195 

title to lands in forest preserve, action 

by, to determine 64 195 

trees in forest preserve and St. Law- 
rence reservation, rules prohibiting 

injuring 253, 255 

trespasse?; duties as to 63 194 



274 Index — Part II. 

Sec. Page. 

Convicts, use of, for tree propagation .... 62 193 

Copartnership, term person includes 109 238 

Corporation, term person includes 109 238 

D. 

Dancing, prohibited in public buildings of 
forest preserve and St. Lawrence reser- 
vation 253 

Danneniora, town of, not included in forest 

preserve 50 ISO 

Definitions 109 237 

Delaware county, fires to clear lands in cer- 
tain towns, regulated 97 223 

included in Catskill park 52 1S4 

forest preserve 50 180 

District forest rangers, appointment 91 217 

duties 91, 92 217, 218 

reports as to forest fires 92 219 

roster 258 

salaries 91 217 

Docks, use of, in forest preserve and St. 

Lawrence reservation 253 

E. 

Enforcement of forestry laws, conservation 

commission, general powers as to 55 186 

Engines, fire protective devices on, in forest 

preserve counties 103. 100 231. 232 

Essex county, fires to clear lands in certain 

towns, regulated 97 223 

included in forest preserve 50 ISO 

F. 

Fire districts. (See Forest fires.) 

Fire inspectors of railroads, appointment, 

duties and salaries 104 233 



Indecc — Part II. 275 

Sec. Page. 
Fire patrol. (See Forest fires.) 
Fire protective devices. (See Boilers; En- 
gines ; Forest fires ; Portable steam saw 
mills; Railroads.) 
Fire wardens, duties as to trespasses.... 63 193 

duties in fighting fires 92 218 

roster 258 

Fires. (See Camp fires; Forest fires.) 
Fires to clear lands in certain towns. (See 

Forest fires.) 
Fish, appropriation of lands and waters for 

propagation 66 198 

Fishing, prohibition in forest preserve coun- 
ties in times of drought 107 235 

Forest don'ts 257 

Forest fire field force roster 258 

Forest fires, auditor of fire accounts, ap- 
pointment ; salary 95 221 

duties 95, 96 221, 222 

boilers, fire protective device on 106 235 

regulations regarding; penalties.. 100 227 

rules of conservation commission. ... 253,255 
camping in forest preserve counties, 
proclamation by governor prohibiting, 

in times of drought 107 235 

camps, regulations regarding ; penal- 
ties 100 227 

civil service laws, persons employed in 

fire fighting exempt from 92 219 

district forest rangers, appointment ; 

salaries 91 217 

duties 91, 92 217, 218 

reports 92 219 

roster 258 

drought, prohibition of camping, hunt- 
ing and fishing in times of 107 235 



276 Index — Part II. 

Forest fires — (Continued). Sec. Page. 

employment of men to fight 92 21 S 

engines, fire protective devices on. . . . 106 23r> 

expenses of fighting, advances 9G 222 

auditor of fire accounts 95 221 

how paid 94. 95, 96 220-222 

recovery from person setting fire. 

without permission 98 224 

fire companies, organization 91 217 

fire districts 91, 92 216, 217 

fire patrol to be maintained by railroad 
in forest preserve counties ; regula- 
tions 101 227 

fire patrol to be maintained by railroad 
outside forest preserve counties ; 

regulations 102 221) 

fire prevention — implements and ap- 
paratus, provision by conservation 

commission 91 217 

fire signals 91 217 

fire wardens, duties 92 21 S 

roster 258 

fires to clear lands in certain towns, 

penalties 97 22^ 

regulated 97 222 

fishing in forest preserve counties, pro- 
hibition in times of drought 107 235 

forest don'ts 257 

forest rangers, appointment; salaries.. 92 217 

duties 92 217 

reports 92 219 

roster 258 

game protectors, duties in fire fighting. 92 218 
hunting, in forest preserve counties, 

prohibition in times of drought.... 107 235 

observation stations 91 217 

observers, roster 258 



Index — Part II. 277 

Forest ures — {Continued). Sec. Page. 

parks and reservations in care of other 

state officers, co-operation u6 189 

plantation rangers, roster 258 

portable steam saw mills, fire protec- 
tive devices on 106 235 

prevention, cautions urged by conserva- 
tion commission 255, 257 

posting of rules by conservation 

commission 55 187 

power of conservation commission 

to make rules 55 187 

powers of conservation commission 55 187 

prevention and fighting 91 217 

in towns not mentioned in section 

97 of conservation law 250 

railroads, appointment, duties and sal- 
aries of fire inspectors 104 233 

employees to report forest fires. . 103 232 

fire, coals or ashes not to be de- 
posited near forest lands 103 231 

fire protection devices to be used 

in forest lands 103 231 

inspection districts 104 233 

maintenance of fire patrol in for- 
est preserve counties 101 227 

maintenance of fire patrol outside 

forest preserve counties 102 229 

penalties for violations of regula- 
tions 103 232 

rejection from service of defective 

engines 105 234 

right of way in forest lands to be 

cleared 103 231 

regulations, penalties for violation... 99 226 

roster of forest fire field force 258 



278 Index — Part II. 

Forest fires — (Continued). Sec. Page. 

rules and regulations of conservation 

commission 91 216 

setting fire to timbers, wild, waste or 

forest lands, penalty 252 

setting fires, penalties 99 226 

setting fires without permission, pen- 
alties ; damages 98 224 

special fire wardens on private lands, 

powers and compensation 93 219 

started on land of railroad company, 

without permission 98 225 

started on lands of persons using or 

manufacturing inflammable materials 98 225 
supervisors of towns to be superin- 
tendents of fires 250 

town's share of expense of fighting. . . 94 220 

trails, ditches and barriers 91 217 

Forest, fish and game commission, powers 

devolved on conservation commission..,. 55 187 
Forest lands. (See Forest fires; Forest 
preserve ; Forestry ; Private forest lands.) 
Forest pathologist, appointment; duties.. 61 192 
Forest preserve. (See Appropriation of 
lands ; Trespasses.) 
camp fires, rules of conservation com- 
mission 253 

camping, rules of convervation commis- 
sion 253, 255 

cities, lands within, not included 50 180 

conservation commission, general pow- 
ers as to 55 186 

counties included in 50 180 

fires, rules of conservation commission . . . 253, 255 
lands, acceptance of gifts, by conserva- 
tion commission 55 187 



Index — Part II. 279 

Forest preserve — (Continued) . 

lands, acceptance of gifts — (Cont'd). Sec. Page. 

determination of title to 64 195 

gifts of money for, acceptance by 

conservation commission 55 187 

partition, action where state owns un- 
divided interest 65 196 

perfecting title to land, powers of con- 
servation commission 81 206 

purchase of forests, powers of conserv- 
ation commission 55 187 

lands, powers of conservation com- 
mission 55 187 

timber rights, powers of conserva- 
tion commission 55 187 

state property, liability for damage to. ... 253.255 
tents and structures, rules of conserva- 
tion commission 253, 255 

trees, injuring prohibited 258,255 

trespass defined 109 238 

villages, lands within not included.. 50 180 
wild lands, acquired on foreclosure of 
mortgages made to loan commission- 
ers 50 180 

Forest preserve counties, defined 109 237 

Forest products. (See Forestry.) 

Forest purchasing board, powers devolved 

on conservation commission 55 187 

Forest rangers : 

appointment 92 219 

duties 92 219 

duties as to trespasses 63 193 

employment by town supervisors 250 

reports 92 219 

roster 258 

salaries 92, 219 



280 x/ulex — .'art ii. 

Sec. Tage. 
Forestry, (See Forest fires; Reforestation.) 
conservation comnussion, general pow- 
ers for enforcement of laws... 55 1S6 
power to issue circulars relative to 

care and protection of forests.. 55 186 

forest pathologist, appointment ; 

duties 61 192 

growth studies, powers of conservation 

commission to make 55 187 

infected trees, disposal of 61 1C2 

limbs to be cut off of felled trees.... 90 215 

private forest lauds, examination of 

methods of forestry 88 209 

reforested lands, exemption from taxa- 
tion 89 200, 240 

216 

statistics of forest products 108 237 

superintendent of forests, appoint- 
ment ; duties 60 191 

tree culture, general powers of con- 
servation commission to administer 

laws 55 186 

yield tables, power of conservation 

commission to secure 55 187 

Forests. (See Forestry; Superintendent of 
Forests.) 
conservation commission, general pow- 
ers as to 55 186 

Franklin county, fires to clear lands in 

certain towns, regulated 97 223 

included in forest preserve 50 ISO 

Fulton county, fires to clear lands in 

certain towns, regulated 97 223 

included in forest preserve 50 180 



Index — Part II. 281 

Sec. Tage. 

Game protectors, duties as to trespasses.. 03 193 

duties in tire lighting 92 218 

Governor, proclamation by, prohibiting 
camping, fisliiug or liuntiug in forest pre- 
serve counties in times of drought 107 235 

Greene county, fires to clear lands in cer- 
tain towns, regulated 97 223 

included in Catskill park 52 184 

forest preserve 50 180 

Guides, licensing 55 187 

H. 

Hamilton county, fires to clear lands in 

certain towns, regulated 97 223 

included in forest preserve 50 ISO 

Herkimer county, fires to clear lands in 

certain towns, regulated 97 223 

included in forest preserve 50 ISO 

Highways, planting trees or shrubs along. . 62 193 

Historic places, conservation commission to 
have custody when not committed to 

other state oflBcers 56 188 

inspection by conservation commis- 
sion 50, 57, 58 lSS-190 

Hunting, prohibition in forest preserve 

counties in times of drought 107 235 

I. 

Inspectors, duties as to trespasses 63 193 

J. 

John Brown Farm, boundaries defined.... 54 186 
conservation commission, general pow- 
ers as to 55 186 

Joint-stock company, term person includes. 109 238 



282 Index — Part II. 

^ Sec. Page. 

Land appraisers, duties as to trespasses.. 63 193 

Lands. (See Appropriation of lands.) 

Laws repealed 110 23S 

Lewis county, fires to clear lands in certain 

towns, regulated 97 223 

included in forest preserve 50 ISO 

Limbs of felled trees to be cut off 90 215 

Loan commissioners, wild lands acquired on 
foreclosure of mortgages made to, not in- 
cluded in forest preserve 50 ISO 

I-oggiug road, defined 103 233 

Lumber, manufacturers to report amount 
of round timber used or lumber manu- 
factured lOS 237 

M. 

Methods of forestry. (See Private forest 
lands.) 

N. 

Nurseries. (See Reforestation,"* 

O. 

Observers, roster 25S 

Oneida county, fires to clear lands in cer- 
tain towns, regulated 97 224 

included in forest preserve 50 ISO 

P. 

Palisades Interstate Park, conservation com- 
mission jurisdiction not extended 

over 55 1S7 

co-operation of commissioners with 

conservation commission 55 187 



Index — Part II. 283 

Sec. Page. 
Parks, conservation commission, general 

powers as to 55 186 

to liave custody when not committed 

to other state officers 56 188 

Partition, action by attornoy-genoral whore 
state owns undivided interest in lands 

in forest preserve 65 196 

Penal law. setting firo to timber or wild, 

wu?te or forest lands 252 

Person, term includes copartnership, joint- 

. stock company or corporation 109 238 

Plantation rangers, roster 258 

Portable steam saw mills, fire protective 

devices on, in forest preserve counties.. 106 235 
Private forest lands, exemption from taxa- 
tion of reforested lands 89 209 

power of conservation commission to 

examine 88 209 

special fire wardens, duties and com- 
pensation 93 219 

Public parks. (See Parks.) 

trespass defined 109 238 

R. 

Railroads, defective engines, rejection from 

service 105 234 

employees to report forest fires 103 232 

fire coals or ashes not to be deposited 

near forest lands 103 231 

fire inspectors, appointment, duties and 

salaries 104 233 

fire patrol, maintenance in forest pre- 
serve counties 101 227 

maintenance outside forest preserve 

counties 102 229 



284 Index — Part II. 

Railroads — {Continued). Sec. Page. 

fire protection devices to be used in 

forest lauds 103 231 

fires started on lauds of, prima facie 

evidence of wilful negligence 98 225 

forest fire inspection districts 104 233 

logging road, defined 103 233 

penalties for violations of regulations 

as to forest fires 103 232 

right of way in forest lands to be 

cleared 103 231 

Reforestation, conservation commission, gen- 
eral powers to administer laws.. 55 186 

power to investigate methods 55 187 

convicts, use of 62 193 

exemption of reforested lands from 

taxation 89 209 

240, 246 

highways 62 193 

historic places 62 192 

Indian reservations 62 192 

municipalities, furnishing trees to.... 62 192 

nurseries, establishment 62 192 

parks and lands of state 62 192 

parks and reservations in care of other 

state officers, co-operation 56 189 

private land owners, furnishing ti'ees 

to 62 192 

purchase of trees 62 192 

scenic places 62 192 

scientific places 62 192 

state institutions 62 192 

transportation of nursery stock by com- 
mon carrier at reduced rates 62 193 

Reforested lands, exemption from taxation. 89 209 

240. 246 



Index — Part II. 285 

Sec. Page. 

Repeals 110 238 

Reservation of timber. (See Appropriation 
of lands.) 
commission to have custody when not 

committed to other state officers... 56 188 

trespass defined 109 2o8 

Roster of forest fire field force 258 

Rules and regulations of conservation 

commission 253, 255 

S. 

Saint Lawrence county, fires to clear lands 

in certain towns, regulated 97 224 

included in forest preserve 50 ISO 

St. Lawrence Reservation, boundaries de- 
fined 53 185 

camp fires, rules of conservation com- 
mission 253, 255 

camping, rules of conservation com- 
mission 253, 25'5 

conservation commission, general pow- 
ers as to 55 186 

fires, rules of conservation commis- 
sion 253, 255 

refuse not to be left on grounds 25S' 

state property, liability for damage to . . . 253, 255 

tents and structures, rules of conserva- 
tion commission 253, 255 

trees, injuring prohibited 253, 255 

Saratoga county, fires to clear lands in 

certain towns, regulated 97 224 

included in forest preserve 50 180 

Saving clause Ill 238 



286 Index — Part II. 

Sec. Page. 

Saw mills. (See Portable steam saw mills.) 

Scenic places, conservation commission to 

have custody when not committed to 

other state officers 56 188 

inspection by conservation commis- 
sion 56, '57, 58 188-190 

Schedule of repeals 110 238 

Scientific places, conservation commission 
to have custody when not com- 
mitted to other state officers 5G 188 

inspection by conservation commis- 
sion 56, 57, 58 188-190 

Setting fires. (See Forest fires.) 

Special fire wardens, employed on private 

lands, powers and compensation 93 219 

State engineer and surveyor to make de- 
scription of land appropriated by con- 
servation commission 67 198 

State institutions, forest and shade trees, 
recommendations of conservation commis- 
sion 59 191 

State lands. (See Trespasses.) 

Statistics of forest products 108 237 

Steam saw mills. (See Portable steam saw 

mills.) 
Structures, rules lof conservation commis- 
sion for forest preserve and St. Law- 
rence Reservation 253, 255 

Sullivan county, fires to clear lands in cer- 
tain towns, regulated 97 224 

included in Catskill park 52 184 

forest preserve 50 180 

Superintendent of fires, town supervisor to 

be 250 



Index — Part II. 287 

Sec. Page. 
Superintendent of forests, appointment ; 

duties ; assistant 60 191 

report as to forest products 108 237 

T. 

Tax law, exemption of reforested lands 

and wood lots from taxation 240, 246 

Tax sales, action to set aside by conserva- 
tion commission 64 195 

Taxation, exemption of reforested lands... 89 209 

240, 246 
Tents, Tules of conservation commission for 
forest preserve and St. Lawrence Reser- 
vation 253, 255 

Thousand Island Reservation. (See Saint 

Lawrence Reservation.) 
Timber, limbs of felled trees to be cut off . . 90 215 

manufacturers of lumber to report 

amount of round timber used 108 237 

setting fire to, penalty 252 

trespass defined 109 238 

Timber reservation. (See Appropriation of 

lands.) 
Town law, prevention of and fighting forest 

fires 250 

Towns, prevention of and fighting forest 

fires 250 

supervisor to be superintendent of fires. . . . 250 

Trees. (See Forestry.) 

Trespasses, actions in name of the people. . 63 194 

adjustment of claims for trespass to 

lands acquired by the state 80 205 

arrests 63 193 

defined 109 238 

penalties 63 194 

reports of, to superintendent of forests 63 193 



288 Index — Part II. 

U- Sec. Page. 
Ulster county, fires to clenr lands in cer- 
tain towns, regulated 97 224 

included in Catskill park 52 184 

forest preserve 50 180 

V. 

Villages, lands in not included in forest 

preserve 50 ISO 

W. 

Warren county, fires to clear lands in cer- 
tain towns, regulated 97 ' 224 

included in forest preserve 50 ISO 

Washington county, included in forest pre- 
serve 50 180 

When iu effect 112 239 

Woodlands. (See Forestry.) 

Wood lots, exemption from taxation 246 



PART III. 



COURT PROCEDURE 

UNDER THE 

CONSERVATION LAW, AS AMENDED BY 
CHAPTER 444, LAWS OF 1912. 



§ 26. Actions for penalties. Actions for penalties 
for violations of any provision of tiiis chapter shall 
be in the name of the " People of the State of New 
York; " and must be brought on the order of the 
commission, and may be compromised, settled and 
discontinued as provided in section nine of this 
chapter. Such actions, if in justices' courts, may be 
brought in any town of the county in which the 
penalty is incurred, or, if the defendant resides in 
another county, in any town of the county in which 
the defendant resides. 

§ 27. Costs in actions by the people. In case of 
recovery of any amount in an action brought for a 
penalty under this chapter or in any action author- 
ized by this chapter, the people shall be entitled to 
recover full costs, and at the rates as provided for 

[289] 



290 Court Procedure. 

by sections thirty-two hundred and twenty-eight and 
thirty-two hundred and fifty-one of the code of civil 
procedure, together with witnesses' fees and other 
disbursements. 

§ 28. Judgments; how enforced. Judgments re- 
covered under this chapter may be enforced by execu- 
tion against the person as provided by the code of 
civil procedure. A person taken into custody upon 
such an execution shall not be admitted to the 
liberties of the jail and shall be confined for not less 
than one day, and at the rate of one day for each 
dollar of the amount of the judgment recovered. No 
person shall be imprisoned more than once, or for 
more than six months on the same judgment. Im- 
prisonment shall not operate to satisfy a judgment. 

§ 20. Proceeds of actions under article five — 
moieties. Moneys received in an action for a penalty 
brought under article five of this chapter, or upon 
the settlement or compromise thereof, and fines for 
violations of any of the provisions of said article 
shall be paid to the commission, which shall apply 
so much thereof as may be necessary to the payment 
of the expenses of collection and shall pay one-half 
of the balance, in cases brought by special game pro- 
tectors, to the special game protector upon whose 
information the action was brought. Regular pro- 
tectors shall not receive moieties. The commission in 
its discretion may settle or compromise any action 
to recover any penalty provided for in said articles, 



Court Procedure. 291 

or a cause of action therefor, at such sum as it deems 
advantageous to the state. The commission may, out 
of moneys arising from such fines or penalties, pay 
the fees of magistrates and constables for services 
performed in criminal actions brought upon informa- 
tion of a game protector, district forest ranger, forest 
ranger or firewarden. 

§ 30. Proceeds of actions under article four. 

Moneys received in actions for penalties brought 
under article four of this chapter shall be paid to 
the commission, who shall apply so much thereof as 
may be necessary to the payment of the expenses 
of collections. The balance of such receipts shall be 
available for enforcing the various provisions of law 
for the protection of forests against fire. 

§ 31. Jurisdiction of courts in criminal cases. Sub- 
ject to the power of removal provided in the code of 
criminal procedure, courts of special sessions and 
police courts shall have, in the first instance, juris- 
diction of offenses committed under this chapter, 
within their respective counties. A warrant shall be 
returnable before the magistrate issuing the same. 
And, for the purpose of this chapter only, the juris- 
diction of the courts mentioned in this section is ex- 
tended as to misdemeanors to permit the imposition 
of the fines and sentences authorized by this chapter. 

§ 32. Punishment for misdemeanor, A person con- 
victed of a misdemeanor under this chapter shall, 



292 Court Procedure. 

except as otherwise provided herein, be punished by 
a fine of not less than ten dollars nor more than one 
hundred dollars; or by imprisonment in the county 
jail or penitentiary for not less than one day, nor 
more than one day for every dollar of such fine, or 
by both such fine and imprisonment. 

§ 33. Rules and regulations; violations of, a mis- 
demeanor. Rules and regulations established by the 
commission for the enforcement of the provisions of 
article four of this chapter shall be entered by the 
commission in its book of minutes and at least three 
copies thereof posted in public places in the towns 
in which such rules and regulations apply, at least 
thirty daj'S before the same shall take effect. 

Any person who violates any provision of any rule 
or regulation so established by the commission, pur- 
suant to the provisions of this section shall be guilty 
of a misdemeanor and shall, upon conviction, be sub- 
ject to a fine of not to exceed one hundred dollars or 
imprisonment for not more than thirty days or by 
both such fine and imprisonment. 

§ 34. Search warrants; when issued. Any justice 
of the peace, police justice, county judge, judge of a 
city court or magistrate having criminal jurisdiction 
shall, if it appear probable that fish, birds or game 
taken or possessed contrary to the provisions of 
article five of this chapter are concealed, issue a 
search warrant for tlie discoverv thereof, in accord- 
ance with the practice provided in title two of part 



90? 

Court Procedure. 

siK of the code of criminal procedure, so for as the 
same are applicable thereto. 

5 35 Witnesses not excused from testifying. No 
person srall be excused from testifying or produemg 
any books, papers or other documents m any c.vU or 
rfm , al a'ct'on, or proce«iing taken or had under ft. 
chapter, upon the ground that "- /esfmony m gh 
tend to convict him of a crime, or to -''^J-' ''"^ / 
a penalty or forfeiture. But no person ^l>a be prose 
cutcd punisl-.ed or subjected to any penalty o, fo. 
fl^t^or or on account of any act, transaci,on 
matter or thing concerning ^vh.ch he shall, under 
rtthave testiled or produced documentary ev.dencc 
and no testimony so given or produced shall be re 
ceh-ed against him upon any criminal mvest.gat.on 
or proceeding; provided, however, that no person so 
testifying shall be exempt from prosecution or pun- 
Lent °f or any perjury committed by h,m ,n h s 
testimony. Nothing herein contained ,s -* "d^djo 
„ive, or shall be construed as in any manner gumg, 
unto any corporation, immunity of any kmd. 



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